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VOL. 8, ISSUE 6 (2022)
Fair play, legal liabilities and competitiveness in sports: An exploration of law of torts in sports industry
Authors
Emmanuel Oluwafemi Olowononi
Abstract
Fair play is a slogan in the sports industry while competiveness underlines all sports. Participation in sports almost always entails some degree of risky behavior because bodily contact and restraint are permitted in some sports leading credence to the doctrine of volenti non fit injuria. Injuries are common among athletes either in organized sports competition or otherwise arising from negligence of organisers, sports federation, other athletes, spectators, sponsors and other stakeholders. Aside injuries, there are also violations of the athlete's legal right manifesting in various ways such as violence, mental torture, emotional distress, assault, physical intimidation, restriction of movement, unjust disqualification, libel, slander among others. It is against this background that legal regime of sports tortuous liability is developed. Considering likely dangers that confront participants in many sports, it is not surprising that courts have felt the need to adapt customary tort principles to meet the demands of competitive athletic activities. It is however our contention that the courts will need to do and fashion exceptionally principles to meet up with modern realities in the sports industry. This paper seeks to investigate the adequacy or inadequacy of the current legal regime on tortuous liability in the sports industry in dealing with difficult and problematic situations. The paper contributes to knowledge by also examining the applicability, suitability and the legal implication of duty of reasonable care in the sports industry. The paper concludes with recommendations and argues the urgent need for modifying the laws in force for effective implementation among critical stakeholders in the sports industry.
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Pages:165-172
How to cite this article:
Emmanuel Oluwafemi Olowononi "Fair play, legal liabilities and competitiveness in sports: An exploration of law of torts in sports industry". International Journal of Law, Vol 8, Issue 6, 2022, Pages 165-172
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