Emerging Legal Issues in Sports Law

The assignment discusses the legal issues faced by the Carlton Cricket and Football Social Club, including contractual disputes and liability for injuries. It provides a detailed analysis of case law and legislation related to sports law, highlighting the challenges faced by unincorporated associations in entering into contracts and the limitations of liability for injuries in sporting activities.

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SPORTS AND LAW
By Student’s name
Course name
Professor’s name
University name
City, State

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Introduction
The law is always present and has governed every organization and the kind of activity
that takes place in them including sporting activity which is not immune from the law. Besides,
there has never been a distinction between the law of sport and the law in other organizations.
Nonetheless, the law of sport has been perceived as a special area that needs sociological and
scholarly analysis especially with the body of case laws in the higher courts that resolve the legal
issues involving sport. Legal disputes and issues have become prominent in the sport social
history with more law on the newspaper sporting pages than on the other parts (Shilbury &
Ferkins 2011). This paper will examine the basic information on the emerging legal issues that
impact on sport with regard to the Carlton cricket and football social club.
This 1970 case left Carlton without a remedy due to its inability to find the party to sue.
The sporting law has recently developed in the contract law sector. It is the ordinary business
nature of sporting bodies to enter into commercial contracts (Shilbury & Ferkins 2011).
However, they may experience considerable difficulties in case of a breach of contract along
with sporting bodies are not incorporated associations. In such cases, it is difficult to identify the
liable party and know who to sue. The Carlton cricket and football social club have been facing
significant legal issues that have an impact on sport in relation to contracts. Many unincorporated
organizations get into contracts with other parties without thinking about the possible problems
that would result from the lack of legal status in the association (Sievers 1996). In many
circumstances, people or firms provide services to unincorporated associations such as clubs
without being aware that the association cannot get into a contract. And if in case a contract was
made and a dispute arises concerning it, then it may prove to be complex and difficult to

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establish that a contract existed and the parties to it, as well as who could be held liable in case of
a breach.
The Carlton social club experienced a legal issue when it got into an agreement with the
Fitzroy Football Club. The Carlton was incorporated as an association limited by guarantee while
the Fitzroy was unincorporated company and they had purportedly made a contract allowing
Fitzroy to use the Carlton to play its home matches for 21 years (Carlton Cricket and Football
Social Club v Joseph 1969). However, Carlton later realized that Fitzroy was making
negotiations with another unincorporated association (St. Kilda Cricket Club) so as to play its
future matches there. This was a major legal issue for Carlton as it could not get interlocutory
injunctions against the two clubs since an agreement could not be made as the companies did not
subsist as a legal entity.
There is also the liability for injuries since the game of cricket involves obvious risks.
According to Corkery (2011), organizations are not held liable for injuries acquired from obvious
risks such as “a player being hit in the eye during a cricket match” (7). Injuries to players are not
infrequent and can even be fatal at times. The law also does not provide any remedy for an
injured spectator as it is not the duty of the association to ensure the safety of all spectators.
Besides, it is the nature of humans to go after dangerous recreational activities such as cricket.
Hence, these are the emerging legal issues that have faced Carlton cricket and football
social club. Contractual issues and the liabilities of injuries have created legal issues for the
Carlton in the past where the association found itself with legal problems.

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Reference List
Carlton Cricket and Football Social Club v Joseph [1970] VicRp 65; [1970] VR 487 (10
November. (1969). Victorian Reports. Retrieved 26 March 2018, from
https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VicRp/1970/65.html
Corkery, J 2011, ‘Dangerous Sports and Obvious Risks - Anyone For Cricket?’, Entertainment,
Arts, and Sports Law Commons, pp. 1-9.
Shilbury, D, & Ferkins, L 2011, 'Professionalisation, sport governance and strategic
capability', Managing Leisure, 16, 2, pp. 108-127.
Sievers, A 1996, ‘Associations and Clubs Law in Australia and New Zealand’, The Press,
Sydney.