The Treatment of Women and Men Sports Players

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The Treatment of Women and Men Sports Players

Sport plays a major part in the culture of today’s society. Many

people spend considerable time in front of the television, in sports

grounds and traveling all over the country to support their respective

club whether it be football, rugby, cricket or netball etc. However

whilst playing, spectating or just generally being involved in a

sport, things can go wrong and this very often results in an action in

the civil or criminal courts.

Sporting incidents should be dealt with like any other civil or

criminal action, however there is evidence this is not happening in

many cases in both areas of law.

There can be several areas of civil law where claims can be made.

These are Negligence, occupier’s liability, defamation, nuisance,

trespass and animals. However not all these will need to be looked at,

the main ones being Negligence and occupiers liability. It is in the

area of negligence that I will look at the sporting cases and how they

differ from non - sporting cases of civil wrongs. I will be looking at

participators, clubs, referees and spectators. In the second section

I will be looking at negligence and injuries in football and how they

differ from non football negligence and injuries.

Part 1 The Law of Negligence

Negligence occurs in many areas of civil Law. Negligence consists of

three elements, namely a legal duty to take care, breach of that duty

and damage suffered as a consequence of that breach.

The test for establishing whether a duty of care is owed is based on

the famous case of Donaghue v Stevenson 1932 AC 562 and the neighbour

principle set out by Lord A...

... middle of paper ...

...ford City FC v Gray and Huddersfield Town Association

(1998) QBD

· Brian McCord v Swansea AFC and John Cornforth (1996) QBD

· Matthew Cubbin v Stephen Minnis (2000) Briken Head County Court

· Urch v Valder

· Whitehead v British Railways Board

· Watkinson v British Railways Board

· R v Lincoln (1990) 12 Cr App R 250

· R v Blissett

· R v Birkin [1988] Crim LR 854

· www.westlaw.co.uk

· www.leedsmet.ac.uk

· www.lawtel.com

· www.butterworths.co.uk

· Gardiner, S. Felix, A. Welch, R. O’Leary, J. (2001) Sports Law. 2nd

Edition. Cavendish

· Bellamy, J (2004) Who would be a referee? The developing legal

liability of sports referees. International Sports Law review 1(feb),

pp9-14.

· James, M. (2004) Wattleworth v GRRC, MSA and FIA. E-commerce Law

Report. 4(4), pp23-24.

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