Kerr, Tim, Demetriou, M. 　著

内容

目次

Introduction - the nature of sports law: an introduction to the subject;the development of sports law - freedom of contract, pacta sunt servanda,force majeure, clausula rebus sic stantibus, good faith, protection oflegitimate expectations, necessity of seeing the parties' intent, in dubiocontra proferentem, doubt benefits the party assuming a contractualobligation, nullum crimen, mulla poena sine lege, equal treatment,proportionality, good faith; the aim of this book. Overview - the frameworkof the law relating to sport: the legal nature of sporting associations;rights and obligations created by contract; interpretation of the rules ofsporting bodies; sport and the criminal law; the law of tort; public law;statute law; European Community law; the European Convention on Human Rights.Access to sporting competitions: introduction - entry criteria in sport; theduty of fairness owed by sporting bodies to outsiders; contractual andcontract related claims concerning access to sporting competitions; therestraint of trade doctrine; non-contractual claims relating to access tosporting competitions - free standing challenges; competition law and accessto sporting competitions. Players' rights: introduction; the formation of theplayer/club relationship - transfer fees, EC law in sport - an introduction,EC law - Article 48 (now Article 39) and the other free movement provisions,EC law - Article 85 and 86, restraint of trade, nationality restrictions,nationality restrictions imposed by leagues, immigration rules; the contentof the player/club relationship - terms and conditions of work,discrimination, common law, the anti-discrimination statues, areas ofdiscrimination, justification, exemptions. The regulation of play:introduction - prohibited sports; organisation and competitions -introduction, statute; tort and sport - generally, negligence, defences,nuisance, assault, damages, practical issues arising in sporting injuryclaims, the criminal law, litigation determining the outcome of a game.Broadcasting, marketing and competition law: introduction; broadcasting -introduction, what are broadcasting rights?, copyright over broadcasts, howare broadcasting rights regulated?, statutory regulation; completion law - anintroduction, Article 85 (81), Article 86 (now Article 82), broadcasting andcompetition law; marketing - ticket sales, merchandise sales; note on thejudgement of the restrictive practices court in the FA Premier League case.Disciplinary proceedings in sport: introduction - disciplinary proceedings insport generally; the validity and meaning of disciplinary rules -jurisdiction of disciplinary panels; evidence and proof in disciplinaryproceedings; disciplinary procedures - the content of procedural fairness;penalties in disciplinary proceedings; costs in disciplinary proceedings;appeals in disciplinary proceedings; the practical management of disciplinaryissues. (Part Contents).