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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Sports Law 2nd ed isbn 9781841133676

Sports Law

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ISBN13: 9781841130736
ISBN: 1841130737
New Edition ISBN: 9781841133676
Published: October 1999
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: Out of print

Sports law has been growing rapidly over the last few years,regularly making headlines as well as leading to a developing body of law practised by specialist lawyers. This new work, by leading practitioners in the field, is the first to provide a coherent framework for understanding the law in this area, as well as a deep analysis of its key features. The subject can be split into various areas of practice. For example regulatory rules, which cover what can be described as the constitutional aspect of organised sport (this includes the enforcing of regulatory codes and the disciplinary procedures of the various sport governing organisations). Second, broadcasting and marketing which covers the revenue generated by the commercial exploitation of sports clubs, sporting events and players. This area has grown rapidly following the huge infusion of finance from television and corporate sponsorship into a growing number of sports. A third area is player representation, which focuses on the players and includes a broad range of legal issues including club transfers and player contracts (including the famous Bosman ruling), employment advice, personal injury litigation, disciplinary tribunals, discrimination law and remedies in the courts.

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Sports Law
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 of legitimate expectations, necessity of seeing the parties' intent, in dubio contra proferentem, doubt benefits the party assuming a contractual obligation, nullum crimen, mulla poena sine lege, equal treatment, proportionality, good faith; the aim of this book. Overview - the framework of the law relating to sport: the legal nature of sporting associations; rights and obligations created by contract; interpretation of the rules of sporting 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; the duty of fairness owed by sporting bodies to outsiders; contractual and contract related claims concerning access to sporting competitions; the restraint of trade doctrine; non-contractual claims relating to access to sporting competitions - free standing challenges; competition law and access to sporting competitions. Players' rights: introduction; the formation of the player/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 content of the player/club relationship - terms and conditions of work, discrimination, common law, the anti-discrimination statues, areas of discrimination, 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 injury claims, 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, how are broadcasting rights regulated?, statutory regulation; completion law - an introduction, Article 85 (81), Article 86 (now Article 82), broadcasting and competition law; marketing - ticket sales, merchandise sales; note on the judgement of the restrictive practices court in the FA Premier League case. Disciplinary proceedings in sport: introduction - disciplinary proceedings in sport generally; the validity and meaning of disciplinary rules - jurisdiction of disciplinary panels; evidence and proof in disciplinary proceedings; disciplinary procedures - the content of procedural fairness; penalties in disciplinary proceedings; costs in disciplinary proceedings; appeals in disciplinary proceedings; the practical management of disciplinary issues. (Part Contents).