Question
Why it is important for sports professionals to understand tort law in sports Our judicial system is based on civil courts and criminal courts. Criminal
Why it is important for sports professionals to understand tort law in sports
Our judicial system is based on civil courts and criminal courts. Criminal courts handle cases where someone has committed a crime and is charged with that crime. Civil Courts are used for noncriminal cases. "Civil causes of action (i.e., legal grounds upon which to sue) include contract disputes, employment discrimination, and torts" (Sharp, 2021). "A tort is a civil wrong other than a breach of contract, usually referring to the causing of damage or harm to property, a person, a person's reputation (e.g., slander or negligence), or a person's commercial interests" (Sharp, 2021). It is necessary for sports professionals to understand this when dealing with a person, their property, their reputation, and their commercial interests because so many of our sports figures are exposed much more than that of the average working American. Sports professionals must realize the position they and the sports figures are in. An example would be a well-known sports broadcaster that has an absolute rant over something that he or she did not approve of. This could be considered slander if it were directed at someone personally. Opening themselves up to a potential tort, as we learned above is legal grounds to sue.
Describe the concept of negligence and its relevance to sports management
Negligence is defined as conduct that "falls below the standard established by law for the protection of others against unreasonable risk of harm" (Sharp, 2021). There are four elements that are needed to cause the action of negligence. These four elements are "(1) duty; (2) breach of duty; (3) causation; and (4) damages" (Sharp, 2021). In our readings there was a case, Davidson vs The University of North Carolina. Which said that the junior varsity cheerleading team was not giventhe same supervision and training that the varsity cheerleading team received. The junior varsity cheerleading team did not have a coach to teach them the proper safety protocols that needed to be followed while performing stunts. The human pyramid that one of the cheerleaders fell from was not properly set up. This would be a case for negligence since the university did supply some of the same benefits to the junior varsity squad as it did for the varsity squad. The junior varsity performed at JV Men's Basketball games, Women's Basketball games, Wrestling, and represented the university at trade shows. How do I respond to this post?
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