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Role of Contract in Sports Law

   

Added on  2021-06-18

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Running head: SPORTS AND THE LAWSports and the LawName of the StudentName of the UniversityAuthor Note

1SPORTS AND THE LAWPart Aa)Role of Contract in Sports Law- Alan Sullivan The author of the journal article has emphasized on the importance of the contract law inplaying the crucial role in regulating the sporting activities. The article evaluates the applicabilityof contract in the context of sports and contribution of law in the modification or adjustments inthe sport contracts, particularly, those contracts that has incorporated provisions of internationalagreements like the World Anti-Doping Code1. The author has attempted to convey in this journal that there is no such different body as‘Sports law’ instead different sports related activities are governed by distinct standard legalprinciples. I believe the author implies that the sports related activities are not subjected to anyparticular legal authority or statutes instead are governed by contracts like any other humanendeavors. This is evident from the application of various legal principles from distinct fields tothe sport activities such as principles set out under tort law, administrative and public law, rulesunder the private international law along with the general law doctrine of restraint of trade.Besides the statutory provisions of Corporations Act [2001]2 and Trade Practices Act [1974]3also play crucial role in governing the sports related activities either by analogy or directly tosettle any disputes arising from sports activities. However, the importance of contract in sports has led to the emergence of the concept of‘Sports Law’ and has been significant in drawing a thin line between law and sports. It isimmaterial whether sports is being played at an elite level or at a humble level as the law of1 Sullivan, A. "The Role Of Contract In Sports Law". ANZSLA, 2010, pp. 5(1) 3-25., Accessed 29 Apr 2018.2 Corporations Act [2001] (Cth).3 Trade Practices Act [1974].

2SPORTS AND THE LAWcontract prevails at both the level. A contract in the context of sports is a valid contract that isenforceable in the court of law. While the sports related contract is of a domestic or local nature,nowadays, sporting contracts are rapidly having a transactional aspect4. The standard example isthe influence of an international code with respect to the contractual regimes in respect of thosesports is the World Anti-Doping Code [WADC] 2009. This legal statute is described as a form ofinternational sport law that ensures anti-doping area. Although the statute is a mere, contract butholds great importance to several athletes and other sporting organizations. In the contemporary era, where sports played at higher level have transformed into bigbusinesses which makes it more obvious that contract made in regards to sporting activities arelegally binding and enforceable at court of law. However, this principle is generally not followedand was neither followed during past years as well. This is evident from the landmark case ofCameron v Hogan[1934]5, which demonstrates that in case of amateur sports where the rulingbody is an unincorporated voluntary organization, the courts have always been inclined todetermine that the parties did not have any legal intention to be bound by the contract. hence,such contracts were held to be unenforceable in the court of law. However, under such circumstances, when the contract is unenforceable, the aggrievedparty shall be entitled to seek remedies by claiming a declaration with respect to the authenticityof the rules of the body that have been used to the disadvantage of the aggrieved party.Nevertheless, the interpretation of rules of any individual organization is to be taken into accountas to whether they had legal intention to maintain legal relations and provide the aggrieved partywith opportunities to seek remedies against any breach. In order to determine such intention to4Sullivan, A. "The Role Of Contract In Sports Law". ANZSLA, 2010, pp. 5(1) 3-25., Accessed 29 Apr 2018.5 Cameron v Hogan [1934] HCA 24 (03 August 1934) - 51 CLR 358.

3SPORTS AND THE LAWcreate legal relationships, I believe, the courts must determine the manner in which the partieswish to become bound by the contract. In regards to the formation of contracts within the context of sports, it can be stated thatin respect of sports, the traditional principles of contract law is less applicable such as the usualmethod of forming a contract involves the presence of an offer, acceptace and consideration.While contracts relating sporting activities or the business of sports includes sponsorship andmarketing contracts or media contracts that may be formed using the traditional contractformulation method. However, other important contracts include athletes on one hand and bigsporting organization on the other hand, which involves matters like disciplinary or selectiondisputes proceedings. This implies that such contracts are found in several documents enteredbetween different parties apart from the athlete and the sport organizations, thus, giving rise tomultipartite contracts. However, the WADC shall be binding upon the parties to multipartitecontracts to govern drug related offence as was held in International Rugby Board v Troy[2009]6. I believe that the author has correctly asserted that interpretation of sporting contracts isessential to determine whether a sporting contract has been entered with the legal intention to bebound its contractual terms. However, the interpretation of the contract must take placeobjectively and not subjectively. Hence, it is essential to determine that conduct and words of theeach contracting parties would make any prudent person believe that they have a legal intentionto be bound by the contractual obligations. The phrase ‘what any prudent person would haveunderstood’ implies that the text of the contract should be construed to understand its objectiveand purpose of the contractual transactions. 6 International Rugby Board v Troy [2009] 4(1) ANZLJR 1.

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