Sports and the law

Contracts:

- A contract is a legally binding agreement between 2 or more parties which sets out rights and
responsibilities and is enforced by an Australian court. In essence, it is a promise to do something
in exchange for something else.

Elements of contract under Australian law:

1. Offer: A proposal to play for a club or team or event.

2. Acceptance: They can be accepted or rejected.
3. Consideration: Something of value (usually money) which is exchanged for promise.
4. Legality: The contract must be legal and cannot violate criminal law.
5. Capacity: The people entering a contract must be 18 years of age, free of alcohol or drugs and of
stable mind.

Rights and responsibilities of a sport contract:

Rights Responsibilities
To be paid (on time) Training
Safety Punctual-follow schedules
Endorsements and commercials Drug and Alcohol
Training Uphold clubs’ reputation
Family Life Wear club colours
Insurance Support sponsors
Hospital and medical bills if injured Role models
Bonus Follow coaching instructions
Holiday break (off season) Follow rules of games
Equipment Uphold tenure of contract
Sport science Maintain Health Nutrition

Does the sporting club owe its players a duty of care?

As stated in the case of Donoghue v Stevenson (1932), a club must place the necessary measures to
ensure the safety and wellbeing of its players to avoid foreseeable risk of harm or injury.

How may a club breach its duty of care?

- Not giving proper equipment to players.

- Playing a player that has an injury.
- Bad playing surface.
- Improper warmup.
Volunti non-fit injuria:

- In sport, people take a risk. Risk can be defined as the likely chance of dangerous outcome.
- The higher the risk, the greater the danger and vice-versa.

High Risk Low risk

Boxing Table Tennis
Car racing Golf
Rugby League Swimming

- Some sports are extremely high risk such as parachuting or UFC. This is when the concept of
Volunti non-fit injuria applies.
- A person, who undertakes these sports, understands the risks, appreciate the degree of danger
and accept it. They, therefore, cannot sue if damage occurs.
- Many sport businesses operators get their customers to sign a contract waiver to waive liability
in the event or serious injury, accident, or death.
- This means the injured party cannot sur in the case of injury. However, these waivers can be
challenged in court if you can prove that the business or operator was extremely negligent and
was the substantial cause of the accident or injury.