Based on the facts in case study three, a limited liability company, LLC is the recommended business entity for Arcadia Sports. The justification for this choice is that Jeb has the resources to start the business and Josh has the expertise to run the day to day operations. Jeb has no desire to be involved in the day to day operations of Arcadia Sports. Also, the two have decided to split the profits. Forming a LLC will protect Jeb from any liabilities that arise during the operating of Arcadia Sports and allow him to enjoy equal profits. Members of a LLC are not personally liable to third parties for debts, obligations and liabilities beyond their capital contribution (Cheeseman, 2015). Jeb and Josh would be personally liable to Jane for damages
There are defenses against negligence lawsuits for sports medicine professionals. The first of which is assumption of risk, where the athlete voluntarily and knowingly assumes the risk of an activity through an expressed or implied agreement. This can be done by having a form signed during pre-season paperwork. This does not forgive a clinician of reckless conduct, however. Assumption of risk is for the usual risks, and the athlete by singing assumes responsibility for injury that occurs as a result of the inherent dangers of sport. It is crucial that athletes be informed that risk for injury exists and understand the nature of that risk. Another defense is an act of God, which are events that are outside of human control. This includes natural disasters, weather, and other environmental concerns in which no one can be held responsible. If the incident was not foreseeable, this is another defense a clinician could use against a negligence lawsuit. Foreseeability is based upon whether the clinician at fault could have realistically anticipated the consequences that would result because of their conduct. In order for the clinician to be held liable, the harm must foreseeably arise from the negligent act. Good Samaritan laws provide limited security against legal liability should an accident arise while providing care during an emergency, in good faith, without expected compensation, and without misconduct or gross negligence. This usually does not apply to someone providing care during regular employment. It was created for situations in which a volunteer comes to the aid of an injured person during an emergency in order to reduce bystanders ' hesitation to assist because of the fear of a lawsuit. The individual providing care must ...
The following is a case study analysis on SPORTPLAY. The case involves a man by the name of Chis who is the Executive Director of the Provincial Arts Board (PAB). Until recently PAB was receiving government funding but when PAB failed to satisfy three of the five standards for government funding, PAB fell victim to government funding cutbacks. These cutbacks led Executive Director Chris to begin searching for non-traditional types of funding. Chris ultimately came up with the idea to connect with sports communities that he knew were always in the need of financial assistance. His initial thought was that if he could legalize gambling on sporting events that he could alleviate both parties’ financial issues. With some luck and after four months of hard work Chris was able to get roughly 33 associations that consisted of sport and art. Even several politicians jumped around this idea because saw the potential in replacing all government support for elite sports and the art community (INSERT CITATION).
The MLB is exempted from antitrust laws and that started years and years ago. Baseball is exempt because the government and the court system view baseball as just a game, not a business. Baseball continues to enjoy being immune to antitrust laws because the government is unwilling to overturn legislation from decades ago that stated baseball was for fan enjoyment not a business. In 1903 it was ruled that players could not shop their service around to other teams to increase their salaries. The team they played on owned that player’s service for their entire career. The team could sell or trade that player but the player could not simply sign with another team on his own accord.
The role of the sports agent is said to have emerged almost a century ago in the mid 1920s when football player Red Grange hired a “personal representative” to negotiate a contract based upon performance. Grange was the first professional athlete whose contract was based upon his performance along with the fans that his celebrity attracted to the games he played in. Since then most professional athletes hire personal representatives known now as sports agents to work out the details of their playing contracts along with securing other forms of income with the agreement that the sports agent will be paid a percentage of the contract that is completed. Though a sports agents primary role is to maximize the value of what
Being the owner of LSU, Joe probably operates as a sole proprietor. It is recommended that the business change its entity selection to limited liability company (LLC). The main advantages to an LLC are the protection the LLC owners receive from business creditors, and the fact that the owners can still participate in the management of the business.
Negligence, as defined in Pearson’s Business Law in Canada, is an unintentional careless act or omission that causes injury to another. Negligence consists of four parts, of which the plaintiff has to prove to be able to have a successful lawsuit and potentially obtain compensation. First there is a duty of care: Who is one responsible for? Secondly there is breach of standard of care: What did the defendant do that was careless? Thirdly there is causation: Did the alleged careless act actually cause the harm? Fourthly there is damage: Did the plaintiff suffer a compensable type of harm as a result of the alleged negligent act? Therefore, the cause of action for Helen Happy’s lawsuit will be negligence, and she will be suing the warden of the Peace River Correctional Centre, attributable to vicarious liability. As well as, there will be a partial defense (shared blame) between the warden and the two employees, Ike Inkster and Melvin Melrose; whom where driving the standard Correction’s van.
When you or your loved one walks into a business or is invited onto private property , you expect to be walking into a safe environment. Business are responsible for taking certain measures to ensure the safety of you and your loved one. If you become injured because of a property owner 's failure to keep their property free from hazards, hidden or known, you may have a legal claim against the property owner. This is a premise liability case. Below are some frequently asked questions and answers regarding premise liability claims.
Six years after deciding to be an independent public company in late 2000, Coach Inc.’s net sales had grown at a compounded annual rate of 26 percent and the stock price had increased by 1,400 percent due to a strategy keyed to a concept called accessible luxury. Coach crafted the accessible luxury category in women’s handbags and leather accessories by differentiating themselves on price, but matching competitors on styling, quality, and customer service. The accessible luxury strategy mirrors a focus (or market niche) strategy based on low costs. Coach concentrates on a narrow buyer segment and outcompetes rivals by having lower costs than rivals and thus being able to serve niche members at a lower price. Management believed that new products should be based on market research rather than on designers’ instincts. Coach utilized extensive consumer surveys and focus groups to gain insight in the market, and ultimately a competitive advantage over competition. Coach’s $200-$500 handbags appealed to both middle class consumers who now were able to afford a taste of luxury, as well as affluent consumers with the means to spend $2,000 on a handbag on a regular basis.
What Is Sports Law and Who Is a Sports Lawyer? Matthew J. Mitten Matthew J. Mitten is a law professor and director of the National Sports Law Institute, Marquette University Law School, in Milwaukee. When you think of a “sports lawyer,” do you envision a lawyer who represents only a narrow pool of high-profile clients, such as professional athletes, sports leagues, or sports clubs? To the contrary, “sports lawyers” represent a wide variety of clients who need legal advice and representation that usually requires knowledge of several areas of law.
In essence, the concept of product liability is an expansive area of study in understanding the legal application in sporting products. The product liability concept is applicable under tort law and provides legal redress for a party who has been hurt by sports product. The tort law interprets whether the injuries caused by the product were due to the products defects during the design, manufacture, or distribution. Evidently, playing sports exposes the players and the supporters to unforeseeable risks that may cause injuries or threats to life. Notably, there are sports that have minimal risks of contact like athletics.
In today’s society, especially sporting activities involving youth and young adults, it is imperative to ensure the safety of those involved. When an individual is injured either physically, emotionally or both, there is the concern of legal action towards coaches and the association conducting the sporting activity (Wolohan, 2013). The litigious culture that Americans live under has produced a heightened awareness to avoid negligence in athletic activities through proper training and education (Wolohan, 2013). Negligence is defined as an unintended accident that has caused injury to a person or material goods without a premeditated plan of action to cause pain and suffering (Yiamouyiannis, 2008). For that reason, the
Sports are some of the most physically taxing activities to date. From running insane distances to going full force ramming into another player sports has it all. With that being said, their health benefits for the players are not always up to standard for each different activity. We are in an age of technological, and medical advances, so teams should give the players the medical coverage they need depending on what sport they play. Though there is some health coverage for people in professional sports.
Review the scenario below. Consider the legal principles influencing the likelihood of any successful action against Steve in negligence.
Before a partnership formation is imminent, the business needs to decide on which type of partnership to form. There are three types of partnerships: (1) general partnerships, (2) limited partnerships, and (3) joint ventures. All three partnerships contain two or more owners, but all partners assume equal division of ownership, liabilities, and profits in a general partnership. Limited partnerships offer limited liability protection based on each partner’s contribution percentage. Joint ventures are classified as general partnerships with limited existence periods. Once a type of partnership has been determined, the business fulfills a series of requirements before the partnership can be successfully formed. The first step is to register
6.convenience or burden: When operating a LLC there is no personal liability to the partners or owners.