Skip to the content

Player violence or violent players? Vicarious liability for sports participants

James, MD and McArdle, D 2004, 'Player violence or violent players? Vicarious liability for sports participants' , Tort Law Review, 12 (3) , pp. 131-146.

[img]
Preview
PDF - Accepted Version
Download (163kB) | Preview
[img] Microsoft Word - Accepted Version
Restricted to Repository staff only

Download (52kB)

Abstract

This article analyses two recent English cases concerning the law on vicarious liability for acts of violence and considers their significance in respect of on-field acts of violence in contact sports. It provides an overview of how the law of negligence has developed in the specific context of sports injuries (including the application of the defence of volenti) and critiques the application of vicarious liability to sports cases. This is followed by a consideration of the wider law on vicarious liability for violent employees through a review of Lister v Hesley Hall Ltd [2001] UKHL 22 and a deeper consideration of Mattis v Pollock [2003] EWCA Civ 887. The article continues with an analysis of how those decisions have changed the legal landscape in respect of violent sports participants, looking in particular at reported cases from three jurisdictions in which that issue has been raised.

Item Type: Article
Themes: Subjects / Themes > K Law > K Law (General)
Subjects / Themes > G Geography. Anthropology. Recreation > GV Recreation Leisure > GV0557 Sports
Subjects outside of the University Themes
Schools: Colleges and Schools > College of Business & Law > Salford Business School > Strategy, People Management & Salford Law
Journal or Publication Title: Tort Law Review
Publisher: Lawbook Co.
Refereed: Yes
ISSN: 10393285
Depositing User: H Kenna
Date Deposited: 13 Jan 2009 09:38
Last Modified: 28 Jul 2015 18:01
URI: http://usir.salford.ac.uk/id/eprint/1056

Actions (login required)

Edit record (repository staff only) Edit record (repository staff only)

Downloads

Downloads per month over past year