LEA Midterm Review

contributory negligence

(rare): plaintiff loses if he/she contributed at all to cause of injury

defenses: assumption of risk

*3 elements:* - Risk in question must be *inherent to the sport.* - Participant *voluntarily consents* to be exposed to the risk. - Participant *understands inherent risks* of the activity (and his/her ability & physical condition). *2 types:* 1. *Express:* verbal or written language outlining the risks (ex: waivers, participation agreements, & releases). 2. *Implied:* participant's conduct shows he/she voluntarily assumed risk by taking part in the activity.

defamation

*Slader:* is the oral form; *Libel:* is the written form. Elements include... - False and defamatory statement - Made to a 3rd party - Harms the reputation of the business or person defamed - Causes injury and results in damages --> *Proof:* public figures generally have less protection for untrue & negative statements made about them. ----> *Public figures* must prove falsity + actual malice or reckless disregard for the truth. ----> *Non-public figures* need only prove negligence & falsity --> *Defense:* the truth

contract theory

*breach of warranty:* 1. *Express warranties:* - Statement that product is of certain quality and type - Product labels, sales literature, advertisements. 2. *Implied warranties:* - *Merchantability:* product is fit for its *normal* purpose - *Fitness:* product is fit for a *specific* purpose

battery/assault

- *Battery:* intentional, harmful, or offensive touching of another that is unprivileged & unpermitted. --> Intent to contact (intent to harm is not necessary) --> Harmful or offensive touching --> Unprivileged & unpermitted --> Damages - *Assault:* the *threat* of battery --> Intent to threaten harmful or offensive touching --> Causing reasonable apprehension of immediate battery --> Apparent ability to cause the harmful or offensive touching --> damages

lightning safety

- *National Athletic Trainer's Association (NATA)* Recommendations 1. Promote lightning safety slogans supported by the national weather service. 2. Establish a chain of command that identifies a specific person (or role) who is to make the decision to remove individuals from the field/activity. 3. Use a reliable means of monitoring the local weather. 4. Identify safe shelter locations in advance 5. Establish criteria for suspending and resuming play in the EAP. --. *Flash to band 30-30 rule.* - *NCAA safety guidelines:* similar but w/ two additions: 1. Review weather reports daily to determine potential risks of threatening weather. 2. Coaches & athletic officials should have tools to assess how close lightning is.

typical contract provisions

- *Party designation:*written contract must clearly identify the parties - *Terms of the agreement:* clause providing the term of the agreement - *Warranties and representations:* legal promises that certain facts are true - *Obligations & duties:* describes the duties and obligations of the parties involved - *Termination provision:* sets forth each party's right to terminate the contract under certain circumstances

maintenance of premises & equipment

- *Premises:* is the venue safe as reasonably possible? --> Routine maintenance & inspections - Laws and regulations from... --> ADA guidelines --> Occupational Safety & Health Administration (OSHA) guidelines --> ACSM Health/Fitness Facility Standards --> Etc. - *Equipment:* --> Routine maintenance & inspections --> Employees trained to properly instruct participants --> Is safety equipment provided?

risk management actions

- *Retention:* keeping the situation as is - *Treatment:* taking action to reduce the risk, such as covering an exposed sprinkler on a playing field. - *Transfer:* placing the risk of liability on another, often through leases and contracts. - *Avoidance:* eliminating the risk by eliminating the program, facility, or service that gives rise to the potential risk.

anatomy of a civil lawsuit: step 1

- *Step 1:* plaintiff files a *complaint:* document that begins a lawsuit; it details the facts that the plaintiff believes justify the claims & requests damages that the plaintiff is seeking from the defendant. --> identifies the defendant --> alleges facts --> specifies legal principles that the plaintiff believes apply- and asserts why the defendant should be liable --> states types & amount of damages sought

anatomy of a civil lawsuit: steps 2 & 3

- *Step 2:* the complaint is served by a *summons,* typically delivered by a court officer, that notifies the defendant that a lawsuit has been filed against him/her & provides a certain amount of time from him/her to respond to the complaint. - *Step 3:* defendant's attorney typically files an *answer,* which normally denies some or all the allegations listed in the complaint. Or the defendant asks the court to dismiss the case. - *Motion to dismiss:* used when a complaint is legally insufficient to justify an answer. - *Complaint + answer combined:* known as *pleadings.*

anatomy of a civil lawsuit: step 4

- *Step 4:* *discovery* phase- begins w/ the filing of the answer & ends at the beginning of the trial. During this time, both parties prepare for trial by gathering facts & info regarding the case. - *Interrogatories:* written questions sent by an attorney from one party to another. These questions must be answered within a specified time & they can be used as evidence in the trial. - *Deposition:* pretrial questioning of witness; transcripts can be used as evidence during trial. - Motions: *Summary judgement:* moving party (one making the request) argues that there's no question of fact (facts are agreed on) and that the relevant law requires that he be awarded judgement. If the motion is rewarded, the trial will not take place.

anatomy of a civil lawsuit: steps 5 & 6

- *Step 5:* *mediation & arbitration* --> *Mediator:* brings parties together & conducts informal settlement negotiation; makes no rulings. --> Contract between parties may require arbitration; single arbitrator or panel renders a binding decision. - *Step 6:* trial --> Jury selection --> Opening statements --> Direct & cross-examinations of witnesses --> Exhibits introduced through witnesses --> Closing arguments --. Verdict

Mogabgab v. New Orleans Parish School Board

- *Style of case:* Orleans Parish School Board, 239 So.2d 456 (La.App. 4th Cir. 1970) - *Holding & Rationale:* In the end, the court awarded the plaintiffs a monetary award for the wrong done by the defendants' negligence. They awarded each parent $20,000 for the wrongful death of their son. Dr. Mogabgab was also entitled to an award of $941.25 for funeral expenses and $693.50 for medical expenses. When considered altogether, the appeals court concluded that the record supports the argument that it is more likely than not that Robert would have survived had he received reasonable and timely medical attention.

Banks vs. NCAA

- *Style of the case:* Banks v. NCAA (United States Court of Appeals, Seventh Circuit, 1992) - *Holding & Rationale:* The court ruled that way because Banks didn't do a good job of making his claims. The claim was moot to him so he could not do a class action and they found no evidence of anti-competitive effects on the relevant market. Banks' complaint alleged that the NCAA no-draft and no-agent rules restrained trade or commerce in three ways which all failed to define an anticompetitive effect of the alleged restraints on the market. The district court decided the case not on the basis of the relative anti-competitive effect of the rules versus the pro-competitive impact, but on the ground of Banks' absolute failure to allege an anti-competitive effect: "Mr. Banks does not suggest what anti-competitive effects result from either restraints in the football labor market or the group boycott; nor does he challenge the purported pro-competitive impact of the NCAA's no draft rules."

Baugh v. Redmond

- *Style of the case:* Baugh v. Redmond (La. App. 2 Cir. 1990) - *Facts:* Following the loss of defendants team, the defendant confronted the plaintiff and punched the plaintiff resulting in a bloody mouth with several teeth damaged. The trial court found in favor of the plaintiff and third party defendant that the defendant had committed battery without provocation and found it was an intentional tort. The court also found that damages should be rewarded to the plaintiff's for the pain and suffering and found a sum of $20,000 and an additional $4,812 for medical expenses and lost wages as a result of the battery.

Franklin vs. Gwinnett County Public Schools

- *Style of the case:* Franklin v. Gwinnett County Public Schools, 503 U.S. 60 (1992) - *Holding:* The Supreme Court ruled that a student can seek monetary damages from a school under Title IX because the sexual harassment was deemed intentional gender-based discrimination. - *Analysis:* This case is important because it is the first case in which a student who experienced sexual harassment in school could sue for monetary damages. This case made people more aware of the rights of Title IX beyond the workplace, and it especially made students more aware of the rights and protections against sexual harassment that they are guaranteed at school. Additionally, this case encouraged the public school system to establish clear sexual harassment policies because the schools who receive federally funded money have to uphold these rights.

Friedman v. Houston Sports Association

- *Style of the case:* Friedman v. Houston Sports Association, 731 S.W.2d (1987) - *Facts:* Karen and her father did not elect to sit in the screened area behind home plate that the appellee had provided for the protection of the spectators. Instead, they chose to sit several rows behind the first base dugout. In the bottom of the ninth inning, Karen and Penny left their seats, and walked down behind the first base dugout. Karen was hit near her right eye by a line drive foul ball. - *Holding & Rationale:* It was found that there is no duty on the part of the owner of the baseball stadium to warn spectators of the open and obvious risk of injury from baseballs. In addition, the jury awarded Karen Friedman and her father, $55,00 in actual damages and $125,000 in punitive damages. The jury granted the Friedman's motion to appeal. The trial judge ruled in favor of the owner, reaffirming that there is no liability held on behalf of the stadium's owner in this incident. Due to the result of the appeal, Karen Friedman and her father were no longer awarded the $180,000 in damages. This proposition is settled as a matter of law in the state of Texas.

Miller v. United States

- *Style of the case:* Miller v. United States, 597 F.2d 614 (7th Cir. 1979) - *Holding:* The district court found, however, that the United States' liability is governed by the Recreational Area Licensing Act, rather than the Recreational Use Act. Noting that the two statues should be read in pari materia, the court concluded that the Licensing Act applies to areas such as the Crab Orchard facility that are maintained primarily for recreational purposes, while the Recreational Use Act only applies to lands that are used on a casual basis for recreational purposes.

Monson v. State

- *Style of the case:* Monson v. State 901 P.2d 904. - *Holding:* At the close of plaintiff's evidence, the state moved for directed verdict "on three points": "The first is that the university had a contractual right to reassign plaintiff from his position as men's head basketball coach. The second point is that the university validly exercised that right to reassign. And the third point is that plaintiff has demonstrated no contractual entitlement to receive from the university any of what's been referred to in this case as outside income." --> The motion was denied, as was the state's renewed motion for directed verdict at the close of all of the evidence. The jury found for plaintiff and awarded him $292,087.83 in damages. - *Rationale:* "Consequently, there is evidence which, if believed by the jury, would leave them to conclude that the transfer, although within the institution, and although done by a person with authority to make the transfer, was not predicated upon the staff needs of the institution or some other unit of the institution.

Speakers Of Sport, INC. V Proserv, Inc.

- *Style of the case:* Speakers of Sport Inc. v. ProServ Inc. , 178 F. 3d 862 (7thCir.-1999) - *Facts:* --> ProServ promised Rodriguez that it would get him between $2 and $4 million in endorsements if he signed with them in 1995. Thus, resulting in Rodriguez terminating his contract with Speakers "at will" --> ProServ failed to uphold their promise resulting in Rodriguez to drop them after 1 year and sign with another agent which resulted in Rodriguez signing a 5-year $42 million contract with the Texas Rangers --> Speakers brought this suit a few months later, charging that the promise of endorsements that ProServ had made to Rodriguez was fraudulent and had induced him to terminate his contract with Speakers. - *Holding & Rationale:* ◦The court believed that the luring away of Rodriguez was protected by the competitors' privilege. ◦The court ruled that since Rodriguez terminated his contract at will then there was no breach in contract. ◦Speakers(plaintiff) could not prove that ProServ violated the Illinois Consumer Fraud and Deceptive Business Practices act. ◦The court ruled that Speakers is not a consumer in this case; Rodriguez is the consumer and does not claim to be defrauded by ProServ.

Kleinknect v. Gettysburg

- *Style of the case:* Suzanne W. Kleinknechtand Richard P. Kleinknechtv. Gettysburg College 786 F. Supp. 449 (M.D. Pa. 1992) - *Issue:* ●The Supreme Court of Pennsylvania must determine whether or not the College owed a duty of protection to Drew because of the special relationship between the school and Drew based on the fact that he, a specially recruited student, underwent cardiac arrest, at a school-sponsored event. ●The Supreme Court of Pennsylvania had to determine whether or not to grant immunity to Gettysburg College under the Good Samaritan law. - *Holding:* The District Court's holding that the College did not breach its duty to Drew was reversed, and the College's immunity that was granted within the District Court under the Good Samaritan law was reversed by the Supreme Court of Pennsylvania. - *Rationale:* ●Negligence Tort-The Court ruled that the College had breached its duty to protect Drew under two counts. --> Drew and Gettysburg College had a "special relationship" because Drew was a specially recruited athlete by the College in order to advance Gettysburg College lacrosse program to attract other recruits. --> The incident was foreseeable. Although it is not common for fit, healthy athletes to undergo cardiac arrest, it is not unheard of.

Taylor v. Wake Forest University

- *Style of the case:* Taylor v. Wake Forest University, 191 S.E.2d 379 (N.C. App. 1972) - *Facts:* Gregg Taylor was a football player and scholarship athlete at Wake Forest University. Taylor signed a contract agreeing to all rules set forth by the school, NCAA, and the conference to which Wake Forest belonged. Taylor played his freshman year fall semester at Wake Forest, but he received a 1.0 GPA. This is well below the 1.35 GPA which Wake Forest requires. He then did not play any football in the following Spring or Fall semesters. As a result of this, his GPA rose to a 1.9 and 2.4respectively. Due to his refusal to play, Wake Forest revoked his scholarship. Taylor continued going to school at Wake Forest and graduated. After graduation, he brought suit against Wake Forest for $5,500 in expenses he paid during his last two years due to his lost scholarship. - *Holding & Rationale:* The court ruled in favor of Wake Forest University. Summary judgment was granted. Plaintiff failed to comply with his contractual obligations where he had agreed, in consideration of a scholarship award by defendant university, to maintain his athletic and scholastic eligibility for playing football, but refused to attend practice sessions in order to devote more time to his studies; since defendant university fully complied with its agreement, but plaintiff failed to do so, there was no genuine issue of material fact and summary judgement was properly entered.

agent authority

- *Threshold questions to act:* 1. Does the agent have authority? 2. If yes, did he or she operate within that authority- or exceed it? - *2 types of authority:* 1. *Actual:* agent reasonably believes he/she is acting within the scope of the principal's authority 2. *Apparent:* 3rd party reasonably believes (perhaps incorrectly) that agent has actual authority.

the sports agent

- 1960s *Mark McCormack began to work with golfer Arnold Palmer.* - The field grew quickly in the 1970s - Small number of agents- but smaller than you might think.

the principal & the agent

- Agent as representative of principal - Agent acts for benefit of principal - Agent is subject to control of principal

role of the sports agent

- Draft/combine/showcase training - Player contract/signing bonus/free agency negotiations - Endorsement/appearance deals - P.R./marketing/branding development - Money management/investment advice - Tax planning/preparation - Legal consultation (salary arbitration, league discipline, legal disputes, estate planning) - Health/sports medicine consultation - Insurance matters - Business planning/incorporation - Post-career development/counseling

types of risk

- Issues concerning harm/injury: *hazards* to --> Patients (spectators) --> Employees (players) --> Supervisors (coaches) - Personnel issues: *conduct* --> Harassment --> Discrimination

forming the agency relationship

- One party agrees to act as representative of the other - *Fiduciary relationship:* special relationship of trust & confidence; duty to act primarily for principal - Both parties must agree to the relationship - Can be an oral or written agreement - *Restatement of agency:* defines an agency as "the fiduciary relationship that arises when one person (a principal) manifests assent to another person (an agent) that the agent shall act on the principal's behalf & subject to the principal's control, and the agent manifests assent or otherwise consents so to act."

defenses to negligence

- Plaintiff must establish *all 4 elements*- so the defendant must only disprove (or negate) 1 of the elements. - Defendant may also prevail w/ "affirmative defense" that excuses their conduct; this includes --> Assumption of risk --> Contributory negligence/comparative fault --> Unforeseeable consequences --> Waivers

examples of hazards

- Premises (parking lots, hazardous walking surfaces, escalators/stairways) - Weather emergencies - Health issues - Child protection

statutory law

- State and federal legislators enact laws termed *statutes.* - Local govs, such as cities & counties, create laws termed *ordinances.* - Together, these statutes & ordinances form this type of law. - Under the *Supremacy clause:* federal law prevails over state law, and state law prevails over local law. - This law covers a range of subjects, such as crime, civil rights, housing, and all matters that the legislative branch has constitutional power to legislate. - *Examples in sports & fitness:* Title IX, ADA, & Volunteer Immunity Act.

instruction & supervision

- consider age, ability, physical capacity, and health of participants. - warn participants of inherent risks of the activity - supervise activity properly --> are supervisors qualified? --> is safety instruction prioritized? --> proper ratio of supervisors to participants?

invasion of right to privacy

1. *Appropriation:* occurs when someone uses, w/o permission and for their own benefit, the name, likeness, or other identifying characteristic of another person. 2. *Intrusion:* arises when someone invades another's home or searches their belongings w/o permission. 3. *False Light:* involves putting someone in the public spotlight over info that is untrue. 4. *Public Disclosure of Private Facts:* arises when facts about a person's private life, which an ordinary person would find objectionable, are made public.

principal's duties to agent

1. *Fair compensation* 2. *Duty of good conduct* 3. *Contract liability:* If Agent had authority, who is liable for breach? • *Disclosed Principal:* Principal is liable • *Partially Disclosed Principal:* Principal -and often Agent - are liable • *Undisclosed Principal:* Principal and Agent liable 4. *Tort liability:* under tort law, the principal may be liable when torts are committed during the *scope of employment.* This type of liability extends to employers under the doctrine of *respondeat superior:* states that the employer (principal) potentially can be held liable for the acts of an employee (agent) committed while the agent is acting on behalf of the principal during the course of the agent's job. - Did P authorize the act? Did P know A would perform the act?

agent's duties to principal

1. *Fiduciary duty* to act primarily for the benefit of the principal in all matters connected to the agency relationship. 2. *Duty to exercise reasonable care* 3. *Duty of loyalty:* agent must act solely and completely for the benefit of the principal. •No self-dealing or double-dealing •No competing interests •Cannot use Principal's private information for personal gain 4. *Duty of obedience:* duty to follow all reasonable instructions given by the principal •Must follow all reasonable instructions from Principal •Document advice that Principal ignores 5. *Duty to avoid conflict of interest:* can occur when agents are representing multiple players competing for contracts

risk management process

1. *Recognition:* acknowledge safety & loss potential through... - Manager's own attitudes & experiences. - Support of upper mngmt - Available resources: time, money, personnel - Ethical duty to prioritize safety 2. *Analysis:* identify & evaluate the risk through... - Patterns & documents - Standard of care - Likelihood & foreseeability - Severity/seriousness of potential injuries *Common sense approach = identify the issue, weigh the pros/cons, take action.*

categories of loss

1. Money: easily measured; a major concern for insurance companies. 2. Time & effort: lawsuits take a great deal of both. 3. Stress: the pretrial, trial, and appeals process is stressful to all parties involved. 4. Image & goodwill: an org. stands to lose its good image if misdeeds and negligent acts are brought to light.

U.S. federal court system

1. Trial courts known as district courts; there are 96 federal judicial courts 2. Intermediate courts of appeal: 13 federal judicial circuits which hear cases appealed from the U.S. district courts. 3. U.S. Supreme Court: acts as the final appeal for the federal courts of appeals. --> 9 justices --> last resort for both federal & state courts - Overall, these courts conduct trials involving federal matters; damages must be at least $75,000 for the case to go to these courts or these needs to be *diversity jurisdiction:* parties are from diff. states.

causation

3rd element that must be proved in a negligence case; proves the connection between the act & the harm - *Two-pronged test:* (must satisfy both) 1. *Cause in fact:* the but for standard; but for the defendant's conduct, the plaintiff would not have been hurt. 2. *Proximate cause:* based on *foreseeability:* plaintiff must prove that the injury was foreseen by the defendant, or reasonably should have been foreseen.

state supreme court

A state's highest court which typically decides matters of law appealed from lower courts (appellate & trial)

parol evidence rule

A substantive rule of contracts under which a court will not receive into evidence the parties' prior negotiations, prior agreements, or contemporaneous oral agreements if that evidence contradicts or varies the terms of the parties' written contract. - If written contract exists, evidence of earlier inconsistent terms not admissible

contract law

Agreement between two or more parties that makes them obligated to do something in exchange for some kind of consideration; agreement between parties exchanging things of value. - *Elements of a valid contract:* 1. Offer 2. Acceptance 3. Consideration

gross negligence

Conduct that constitutes a willful or reckless disregard for a duty or standard of care. In this type of negligence, the defendant's responsibility is magnified so that it is at a higher degree than that found in ordinary negligence. - Intentional conduct: extreme, reckless conduct; conscious disregard/indifference. - *Intent to cause the action event if not the injury.*

standard representation agreements

Documents that many professional player unions require agents to enter into with any players they represent. Agents who do not use the standard representation agreement cannot represent players in the particular league

ADA "major life activities"

In general refers to... - Caring for oneself, performing manual tasks, eating, sleeping, etc. - Seeing, hearing, speaking, breathing - Walking, standing, lifting, bending - Reading, learning, concentrating, thinking, communicating, working Also major bodily functions such as... - Immune system, normal cell growth, and digestive, bowel, bladder, respiratory, circulatory, endocrine, and reproductive functions - Brain & neurological system

harm to property

Intentional harm to property includes the torts of... • *Trespass to real property:* someone takes the personal (moveable) property of another w/o their permission. • *Trespass/conversion (keeping stolen property) of personal property:* depriving the owner of their personal property w/o a valid reason. • *Disparagement of property:* arises when someone makes a comment about the property of another that is untrue & results in harm to the person in possession of the property. • *Slander of title* (accuse jeweler of selling stolen merchandise) • *Slander of quality* (accuse jeweler of selling fake diamonds)

offer

Offerer makes a promise or commitment to the offeree perform or refrain from performing some specified act in the future. - Offeree must have the power to accept this - The more detail, the more likely that this is valid

moot cases

Outside the court's power because there is no case or controversy - Litigating a case is unnecessary unless there has been some direct negative effect on a party.

Americans with Disabilities Act (ADA)

Prohibits discrimination against people with disabilities in activities in "places of public accommodation" - businesses that are generally open to the public - 12 categories (including restaurants, movie theaters, schools, day care facilities, recreation centers, and doctors' offices) - Compliance is required in... •Newly constructed places of public accommodation •Altered places of public accommodation •Commercial facilities (factories, warehouses, office buildings) - *Purpose:* to protect those w/ physical or mental impairment that substantially limits one or more major life activities. --> Facilities must make reasonable modifications to accommodate those who are protected. --> Key component of compliance to this act = *equal access to facilities.*

SPARTA

Sports Agent Responsibility & Trust Act: • Federal law -prohibits false promises or gifts or cash to student-athletes • Like UAAA, SPARTA requires written disclosure informing students they could lose college eligibility

risk management

a course of action designed to reduce the risk (probability or likelihood) of injury and loss to sport participants, spectators, employees, mngmt, and organizations. - The effort to eliminate/reduce risk of injury and liability. - Loss prevention - *The approach:* get in front of the risk; train yourself to think like... --> This business owner --> The risk manager --> The insurance company --> The lawyers and the jury

failure to warn

a defect that occurs when a manufacturer does not place a warning on the packaging of products that could cause injury if the danger is unknown. •Duty to warn of dangers inherent in reasonable use -and foreseeable misuses -of product •Warnings easy to locate and easy to understand?

common law

a system of law based on precedent and customs - Based on the *stare decisis* doctrine: Let the decision stand; decisions are based on precedents from previous cases - Aka *case law* - Prior court decisions serve as a guide for judges to decide cases in the future that have similar facts.

fraudulent inducement

a type of legal claim often raised when a person has been tricked or defrauded into entering into a contract or transaction. - To establish a claim of this, a victim must generally prove the following: 1. The fraudster made a misrepresentation of fact that was material to the transaction. 2. The fraudster knew that the misrepresentation was false. 3. The fraudster made the misrepresentation to persuade the victim to agree to the transaction or contract. 4. The victim relied on the misrepresentation. 5. The victim would not have agreed to the contract or transaction if he or she had known the truth. - As a general rule, a victim cannot rely on a false statement if he or she knew it was false or if its falsity was obvious. Also, mere statements of opinion are usually insufficient to constitute fraud.

injury/damages

actual harm (physical or emotional) must exist - If no injury/damages, there can be no recovery. - *Types:* 1. *Compensatory:* amount to cover actual loss for actual pain & suffering, mental distress, direct economic loss, & wrongful death 2. *Punitive:* punishment of defendant (as opposed to compensating the plaintiff/victim).

administrative law

administrative agencies (local, state, & federal) are granted lawmaking authority to regulate certain activities. - They create & enforce their own rules & regulations. - Conduct hearings, rather than court trials, to decide whether their rules have been violated. - *Examples:* Occupational Health and Safety Administration (OSHA) & Internal Revenue Service (IRS).

ratification

agent acts without actual authority or apparent authority from principal, but principal affirms the act anyway

apparent authority

agent acts without actual authority...but principal bound by agent's actions anyways - Based on 3rd party's reasonable belief that the agent had authority to act on the principal's behalf due to the action or inaction of principal. - *Hypothetical:* 3rd party relies on principal's comment

intentional torts

civil wrong resulting in harm to person or property. - *Harm to persons:* --> Battery --> Assault --> Defamation --> False imprisonment --> Intentional infliction of emotional distress --> Invasion of the right to privacy - *Harm to property:* --> Trespass to land --> Trespass to personal property --> Disparagement of property

emergency action plans (EAPs)

comprehensive, proactive plans to address potential medical emergencies - Injuries to athletes, spectators, clients, or customers - Quality & timeliness of care - Critical to outcome of potential lawsuits 1. Establish communication protocols 2. Properly train staff 3. Involve first responders 4. Document info effectively

crisis management plans (CMPs)

comprehensive, proactive plans to deal effectively with potential catastrophic events. - Similar to EAPs, but they focus on larger emergencies. - Fires, weather-related catastrophes, terrorism - React quickly and stabilize/return situation to normal 1. Pinpoint key personnel/duties and safety equipment 2. Establish communication protocols 3. Post-crisis handling: --> Debrief staff & provide media response --> Document crisis/response & complete follow-up

primary legal resources

consist of court decisions *(case law),* U.S. & state constitutions, statutes, and administrative agency regulations. - These sources are the actual law

Verni v. Aramark

drunk driving liability case-- who is at risk? •Intoxicated fan at New York Giants football game causes auto accident •Two-year-old girl paralyzed •Family files suit against: --> Driver --> Giants --> Alcohol vendor Aramark --> NFL --> Two bars driver visited

secondary legal sources

examine, inform, or review various legal topics/issues. Examples: law review articles, legal encyclopedias, textbooks, dictionaries & journals.

manufacturing defect

exists when a product is manufactured incorrectly. These defects do not affect the the entire product line. In fact, these defects are established by comparing the harmful product with other products off the same line.

infliction of emotional distress

extreme and outrageous conduct intentionally or recklessly causing severe emotional distress. - *Elements:* 1. Intentional act 2. Constituting extreme or outrageous conduct 3. Causing severe emotional distress 4. Damages (usually emotional, not physical). - *Examples:* sexual harassment & hazing.

Bush v. St. Louis Rams

foreseeability issue: •49ers punt returner Reggie Bush slips on concrete, crashes into wall •Suffers season-ending ACL tear •Bush sues Rams, alleging premises liability and negligence •To prove foreseeability, Bush points out that another NFL player slipped on the same surface one week earlier

comparative fault

jury apportions fault between the parties 1. *Pure:* recovery is reduced by the % of the plaintiff's negligence 2. *Modified:* if plaintiff is 51% at fault or more, no recovery

constitutional law

law that involves the interpretation and application of the U.S. Constitution and state constitutions. - Bedrock of the U.S. legal system - Establishes governmental unit's basic organization, powers, and limits. - U.S. Congress & State legislatures can amend the U.S. constitution together. - States have their own constitutions

product liability

liability for harm caused by a consumer product: *3 theories:* 1. *Negligence:* standard 4 elements; difficult to prove. 2. *Strict liability:* concept of liability regardless of fault. •Unreasonably dangerous product due to defect •Need not show manufacturer acted unreasonably -only that product was defective when sold •Generally applies only to new/nearly new products 3. *Breach of duty:* not a tort theory; rather, it's a contractual remedy: commonly used by those who are simply dissatisfied with their product and wish to have it repaired or replaced.

state trial courts

lowest level, or entry-level court; they carry out the initial proceedings (trials) in lawsuits. Purposes include... - To determine the facts of the dispute (what happened between the parties). - To decide what rules of law should be applied to the facts. - To administer those rules.

Alternative Dispute Resolution (ADR)

methods of solving a problem by bringing in an impartial outsider but not using the court system - Mediation: A method of settling disputes outside of court by using the services of a neutral third party, called a mediator. - Arbitration: settling a dispute by agreeing to accept the decision of an impartial outsider

negligence

occurs when someone sustains personal injury but there is no intent to cause injury. - Most of these cases never go to trial bc they're settled by the attorneys & their clients. - *Elements:* 1. *Standard of care:* duty & responsibility 2. *Breach of duty:* failure to meet the standard of care 3. *Causation:* proximate cause & cause in fact 4. *Injury:* actual harm must exist

restatement of torts

provides that there is no strict liability for used goods, based on the idea that buyers expect a somewhat greater risk of defect when the product they are buying is not new.

agency law

refers to the law that applies to and explains these situations and specifically defines the rights and responsibilities of both principals and agents, the authority of the agent as he/she works for the principal, and the creation of the agency relationship itself.

scope of authority

refers to the limits on the agent's authority and typically includes the amount of authority needed to accomplish the goals of the agency relationship.

ADA "physical or mental impairment"

refers to... - Physiological, cosmetic, or anatomical loss - Mental or psychological disorder; or learning disability - Disease - Substance addiction

state appellate courts

review courts; having 3 or more judges, these courts review lower court decisions for substantive and procedural correctness. Moreover, they attempt to determine whether the proper law was correctly applied to the issue at hand.

Keeling v. Atlanta Braves

risk management failure? •Inventor of special beer tap installing it in Braves ballpark •Trapped inside cooler during installation, dies of CO2 asphyxiation •Family claims there was faulty door release mechanism that Braves were aware of but did not fix

negligent per se

situation where a plaintiff only needs to prove causation and injury to prevail on a negligence claim

acceptance

the act of agreeing to an offer through one's words or conduct and becoming bound to the terms of a contract - Must be communicated to the offeror by offeree or agent- not by a third party - Silence is insufficient to prove acceptance - Reasonable method of communication is sufficient- unless the offer indicates a specific method is required (for example: must sign contract). - This cannot alter the offer- if it does, it is a *counteroffer*

criminal law

the body of law that identifies what behavior is criminal & stipulates penalties for violations. - Majority of these laws are *statutes* enacted by the U.S. congress or a state legislature. Those laws of specific states regarding criminal law is found in books termed *penal codes.* - *Parties:* gov. vs. person accused of crime. - *Stakes:* imprisonment (or fines, probation, community service) - *Burden of proof:* "beyond a reasonable doubt." - *Sport & fitness examples:* assault & battery, illegal betting, theft, stalking, illegal sports wagering or point shaving, robbery; use, sale, or possession of performance-enhancing drugs.

civil law

the body of state and federal law that pertains to civil, or private, rights that are enforced by civil actions. - Vast majority of lawsuits involving sport mngmt involve this type of law. - Civil courts hear noncriminal matters between individuals, orgs., businesses, and gov. units or agencies. - *Parties:* individuals/orgs. vs. each other - *Stakes:* monetary compensation - *Burden of proof:* "preponderance of the evidence" (more likely than not).

standard of care

the duty or responsibility owed by a defendant to another. This is established by... 1. Case law or legislation 2. Rules & regulations 3. Professional associations & industry standards: engineering, medical, construction.

consideration

the exchange of value that each party agrees to give up - Each party must get something in exchange for performance of their end of the contract. - Ex: pay for a meal; pay for a concert ticket - This is not always money. Examples... --> Education (scholarship) --> Promise to do something one is not obligated to do --> Refrain from exercising legal right - Things that are *not* this: --> Gifts --> Past performance: because already received --> Promise to do that which one is already legally obligated to do --> Illegal acts

false imprisonment

the intentional confinement or restraint of another person's activities without justification; intent to confine another within a particular area against their will. - *Plaintiff must show the following..* 1. Willful act of confinement or detention 2. W/o consent 3. Damages (including mental anguish)

breach of duty

the plaintiff must prove that the defendant breached the duty of care: the defendant failed to meet the standard of care. - Violation of legislation, rules, regulations. - Must prove: --> Failure to act as a reasonable person --> Which created unreasonable risk of harm

diversity jurisdiction

the power of the federal courts to hear matters of state law if the opposing parties are from different states and the amount in controversy exceeds $75,000

design defect

these defects exist when a product is unreasonably designed. These defects exist before a product is manufactured, and thus the entire product line is defective. - Strict liability is not imposed, rather a risk-utility approach is taken to address whether a safer design could have been foreseen.

remand

to send a case back to a lower court to be tried again

actual authority

two types: 1. *Express authority:* written or oral communication granting agent the authority to act. 2. *Implied authority:* degree of authority reasonably necessary to carry out *express authority* - Examples: agent's ancillary job requirements; college boosters; social media posts

Uniform Athlete Agents Act (UAAA)

• *1980s and 1990s:* Many states enact statutes regulating sports agents and protecting athletes - *2000:* this was adopted by 35 states • Implicated uniformity in registration/certification • Requires agent to notify student-athletes that hiring him or her could void their amateur eligibility

breach of contract: remedies

• Categories of contract damages: --> *Compensatory damages:* consist of money necessary to make up for whatever monetary loss a party has suffered attributable to the breach of contract. --> *Consequential damages:* monetary relief for a party's economic losses that were caused indirectly by the original breach of contract. --> *Liquidated damages:* specific amounts of damages that the parties agreed to within the contract itself. --> *Specific performance* - *Duty to mitigate:* Non-breaching party obligated to limit ongoing harm if reasonable to do so; a party that is harmed by another party's breach of contract is under a duty to mitigate, or reduce, its damages. This prevents wronged parties from doing nothing while damages accumulate.

Texas Athlete Agents Act

• Certification requirements • *Professional athlete agents:* --Must be certified • *Limited athlete agents:* --Need not be certified • *Must disclose required information:* --> To athletes --> To secretary of state --> To the public \--> To athletic directors

Defenses: contract unenforceable?

• Lack of legality • Lack of capacity --> Minors not bound by contracts -may be voidable by minor but enforceable against adult • Mentally incompetent individual cannot enter into contract • Coercion/duress • Unconscionability • Fraudulent inducement

Examples of what is/is not a contract

•A makes offer to B; B accepts offer by telling C (B's best friend) --> NO CONTRACT •A makes offer to B; B makes counteroffer to A --> NO CONTRACT •A makes offer to B; C overhears offer and accepts A's offer --> NO CONTRACT •A makes offer to B and says B may accept by signing contract; B makes phone call to accept --> NO CONTRACT

NFL concussion protocol

•Baseline testing •Certified athletic trainer on site •Players with symptoms immediately removed from play and assessed by physician •Neurotrauma expert available for consult •Concussed players carefully monitored until approval for return to play

NATA flash to bang 30-30 rule

•Because lightning can strike up to 10 miles from a storm, you should seek safe shelter as soon as you hear thunder or see lightning. •Suspend activity and move to a safe location if the time between the lightning flash and the rumble of thunder is 30 seconds or less. •Wait until the last bang hasn't been heard for at least 30 minutes.

NCAA concussion policy

•Educate coaches, trainers, and athletes •Remove athletes with concussion symptoms from field of play •Need medical clearance to resume activities •No same-day return to play