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Sport, the Law and Commercialisation

Negligence, duty of care and spectator law

  • 3 things to know
  • Paper 2

Overview

Negligence and Smoldon v Whitworth, duty of care, in loco parentis and DBS checks, and spectator law from the Safety of Sports Grounds Act 1975 to banning orders.

What you need to know

Answer each one before you reveal it.

Your recallNot started
Numbers

How do the Sporting Events (Control of Alcohol etc.) Act 1985, the Football (Offences) Act 1991 and banning orders control spectators?

Key term

What does in loco parentis mean for a coach, and how does a coach meet the duty of care before a session?

Key term

What check must a coach working with children pass, and why could a coach who lets under-12s scrummage untaught face legal action?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What is negligence?

    Model answer

    Negligence is a failure to take the reasonable care expected of someone in a particular role. The failure must cause harm to another person.

  2. 2

    How can a sports official be found negligent?

    Model answer

    An official can be negligent by failing to enforce the rules that protect players' safety. The failure must lead to an injury that could have been foreseen.

  3. 3

    What was decided in Smoldon v Whitworth?

    Model answer

    A referee was found liable after a young player was paralysed when a scrum collapsed in an under-19 rugby match. The referee had failed to enforce the scrum laws for that age group.

  4. 4

    What safety checks should an official make beyond enforcing the rules?

    Model answer

    Officials should check that the playing area and equipment are safe before play starts. Officials should stop play if the weather or conditions become dangerous.

  5. 5

    What is a duty of care?

    Model answer

    A duty of care is a legal obligation to take reasonable steps to avoid harming others. Coaches owe a duty of care to the performers they supervise.

  6. 6

    What does in loco parentis mean for a coach?

    Model answer

    In loco parentis means the coach takes on the responsibility of a parent while supervising children. The coach must act as a careful parent would.

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