SPORTS LAW – MID-SEMESTER PORTIONS

(Everything covered in class, though not exhaustive)

INTRODUCTION

 What is Sports Law?

DEVELOPMENT OF SPORTS LAW

 Sports – as an independent discipline.

OLYMPIC CHARTER

LABOUR LAW PRINCIPLES

KINDS OF SPORTS

 Amateur Sports
 Professional Sports
 International Sports

GOVERNANCE OF SPORTS

- Governing bodies
 Domestic level
 International level
 Ajay Hasia v. Khalid Mujib (BCCI not a ‘state’ within the ambit of Article 12 on account of
the principle of ansence of ‘deep and pervasive control and lack of substantial government
funding)
 Vineeth Kumar v. Union of India (extent of monopoly and autonomy of independent and
Non-state funded sports bodies and federations)
 Zee Telefilms Ltd v. Union of India (due to the autonomous nature BCCI was considered not
to be a ‘State’ under Article 12 of the Constitution, but sports was considered a part of
 education so fell under the Union list. Therefore Right to equality and other Fundamental
Rights can be claimed)
 Sorab Singhal v. Union of India
 Karan Kumar v. Union of India (Though education incorporates sports, a person representing
India in International matches cannot be brought under the ambit of education)
 Ajay Jadeja v. Union of India (It was held that when the State stands back and lets a body,
BCCI in this case, to monopolise the game in India, it imbues the body with the
responsibility of discharging ‘public functions’)
 Rahul Mehra v. Union of India (the amenability of a body to the Writ Jurisdiction is not
dependent on whether the body is public or private, rather it is to be decided based of the
‘functions test’)
 BCCI v. Cricket Board of Bihar
 Dilip Kumar v. Union of India
 Narendra Batra v. Union of India (Indian Hockey Federation was considered to be amenable
to judicial review. It regulates Hockey for the entire country and represents India on the
International arena)

CONTRACTS IN SPORTS

 Personal contract
 Relatonship between,
- Organisation
- Players
- Clubs
- Agency
- Governing
- Master-Servant Relationship
- Principal-Agent Relationship
 Walter v. Crystal Palace Football Club (Whether the football player playing on behalf of a
club was engaged under a contract for service or contact of service? Held to be Contract of
service, as the club controlled in the form of training, discipline and methods of play)
 Test to determine,
 - Organisation test
- Economic reality
 Watson v. Berger
 Percept DMark v. Zaheer Khan (
 Bosman Ruling case (The players could move o a new club at the end of their ontract without
their old club receiving a fee. Only the number of non EU players in each team can be
restricted)
 Terminationa of Contract
 Labour issues
- Contract of service
- Contract for service
 Cricket Club of India v. Bombay Labour Union (Whether sports fall under the ambit of
industry? NO)
 Bombay Water Supply case

INJURY IN SPORTS

 Accident, hurt, injury

 Liability
 Robert Kares v. Joseph Strell
 McNamara v Duncan (The defendant elbowed the claimant and since it was uncalled for, he
was tried for trespass in person)
 Condon v. Basi (No standard can be prescribed universally for negligence. But certain
parameters to lay down negligence can be laid down, but they are not conclusive in nature)
 Caldwell v. Maguire & Fitzerald (Misjudgment or lapse of movementmay happen, but
ordinary care of application, which would be applied outside the game, should be applied in
the game as well. Gave certain circumstances that should be taken into consideration while
determining reasonable care, such as nature of the game, standard of skill required,
reasonable judgment, outcome of the game, aim of the game etc.)
 Frazer v. Johnston (the action was not in accordance with the rules of horse racing as no
reasonable care was taken. The risk was foreseeable. The difference between aggressive and
assertive participation was explained)
 Leetharland v. Edward
 Bolton v. Stone (Landmark case establishing that a defendant is not negligent if the damages
to the plaintiff was not a reasonably foreseeable consequence of his conduct)
 Nature of Injury

TORTIOUS LIABILITY

 Trespass in Person
 Negligence
 Vicarious liability
 Exceptions to negligence
 Conditions to claim self-defense
 McNamara v. Duncan
 Condon v. Basi
 Caldwell v. Maguire & Fitzerald
 Duty of care
 Sporting Culture
 Rogons v. Bugdon
 Smoldon v. Nolan Whitworthy (Duty of care owed by the referee to ensure the safety of the
participants ina a match under his control)
 Mechanisms to curb violence in Sports
- Application of Criminal and Civil Law
- Duty to take reasonable care

SPORTS AND COMMERCE

 Uncertainty in Sports
- Short term
- Medium term
 - Long term
 Victoria Park Racing v. Taylor & Ors. (A person watching the sports cannot be stopped
from watching it. Spectable cannot be monopolized)

IP AND COMMERCIALIZATION OF SPORTS

 Personality Right
 Sponsorship
 Endorsement
 Trademark
 Trade Secret
 Copyright
 Passing off
 Broadcasting
 ICC Developmen v. ARVEE Enterprises (Players, famous or otherwise, have the Right to
Privacy under Article 19 and can be protected)
 Pitsburg Ahelete Co. v. KQV Broadcasting
 Gautham Gambhir v. DAP (Valid excuse as the owner’s name was also Gautham
Gambhir. Also the suit was initiated when the shop became famous and actually when it
was set up)
 Arsenal v. Reed (a souvenir maker selling merchandise relating to Arsenal had
disclaimers all over the shop saying that the products are not official and are in no way
related to the Football team. No infringement as he disclaimer can e considered as valid
excuse)
 Irvine v. Talksports Ltd. (Violation of Personality Rights. False Endorsement and
Passing off)
 Yacht Competition case (Pictures taken while practising helped to deduce the scheme
used to win the competition, therefore held that it was a violation of Trade Secret)
 Ferrari v. McLaren (Formula One spying scandal. Violation of Trade Secret)
 Ambush Marketing