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Vicarious Liability in the Sports Industry

Vicarious Liability in the Sports Industry

  • 作者:
  • 出版商: Routledge
  • ISBN: 9781032665849
  • 出版时间 June 2024
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥575.28

¥558.02 Save ¥17.26 (3%)

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  • 描述 
  • 大纲 
  • 详细

    This timely book is the first to critically examine the doctrine of vicarious liability in the context of the sports industry.

    Drawing on theoretical, empirical and interdisciplinary research, the book focuses on the close connection test at stage two of vicarious liability, highlighting how vicarious liability could be used to hold sports employers strictly liable for a wide range of on-the-field and off-the-field harms committed by their athletes. It considers the extent to which vicarious liability might be applied to clubs and sporting organisations for personal injuries and racial abuse suffered by participants during competition, and examines whether employers in the sports industry ought to be held vicariously liable for the sexual assault of young athletes and women away from the field.

    This book is important reading for any student, researcher or practitioner interested in sports law, tort law, private law theory, socio-legal studies, jurisprudence, gender studies and sports ethics.

    附加信息

    Student Edition ISBN 不可用
    Previous edition isbn 不可用
    Hardback edition isbn 不可用
    Paperback edition ISBN 不可用
  • 1. Introduction
    Setting the Ground: Why Assess Vicarious Liability in Sport?
    Why Vicarious Liability?
    Why Sport?
    Scope
    Structure

    2. Vicarious Liability for On-the-Field Acts: Personal Injuries
    Introduction
    The Negligence-Intentional Divide
    Negligent On-the-Field Acts
    Intentional On-the-Field Acts
    Vicarious Liability and the Deterrence of Violent Play
    Direct Liability: A More Suitable Cause of Action?
    The Practicality of Deterrence
    Vicarious Liability, Enterprise Liability and the Problem with ‘Playing Culture’
    Abandoning Playing Culture
    A Greater Role for Benefit Enterprise Liability
    Distinguishing Consent and Risk
    A Normative-Empirical Dichotomy
    Potential Objections to a Normative-Empirical Dichotomy
    Conclusion

    3. Vicarious Liability for On-the-Field Acts: Responding to Racism
    Introduction
    Racial Abuse in Sport: Insights from Critical Race Theory
    Interdisciplinarity and the Limits of ‘Legal’ Research
    Enterprise Risk and Critical Race Theory
    Vicarious Liability for On-the-Field Racism: Potential Causes of Action
    Vicarious Liability for Common Law Torts: Negligence, the Rule in Wilkinson v Downton and Trespass to the Person
    Statutory Vicarious Liability: Equality Act 2010
    Common Law Vicarious Liability for Breach of a Statutory Duty: Protection from Harassment Act 1997
    Time for a Sport-Specific Tort of Hate Speech?
    Racial Slurs as a Civil Wrong: Discrimination or Harassment?
    A Sport-Specific Remedy?
    Conclusion

    4. Vicarious Liability for Off-the-Field Acts: A Risk-Based Approach to Hazing and Sexual Assault
    Introduction
    Clarifying the Contours of the Risk-Based Analysis: Four Introductory Points
    Sexual Abuse of Rookie Athletes
    The Relevance of Masculinities Studies
    Empirical Statistics and Jurisdictional Sensitivity
    Sexual Assault of Women
    The Relevance of Feminist Legal Theory
    Further Considerations: Empirical Data and Methodological Issues
    Conclusion

    5. Vicarious Liability for Off-the-Field Acts: Role Models, Disrepute Clauses and Concluding Guidance
    Introduction
    The Futility of a Role Model-Based Approach
    Disrepute Clauses and the Close Connection Test
    The Practical Significance of Disrepute Clauses: Sport and Beyond
    The Theoretical Significance of Disrepute Clauses: Benefit Enterprise Liability
    Concluding Guidance
    Physical or Non-Contact Sport
    Team or Individual Sport
    Popularity of the Sport
    Tortfeasor’s On-Field Position
    Type of Act
    Benefit to the Employer
    Applying the Guidance
    Conclusion

    6. Conclusion

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