Don't argue with the ref! - Legal liability for incorrect decisions of sports' officials

O'Brien, John (2015) Don't argue with the ref! - Legal liability for incorrect decisions of sports' officials. Australian and New Zealand Sports Law Journal, 9(1), pp. 159-185.

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Abstract

This paper continues the conversation from recent articles examining potential remedies available for incorrect decisions by sports officials. In particular, this article focuses on bringing an action against an official in negligence for pure economic loss. Using precedent cases, it determines that such an action would have a low chance of success, as a duty of care would be difficult to establish. Even if that could be overcome, an aggrieved player or team would still face further hurdles at the stages of breach, causation and defences. The article concludes by proposing some options to further reduce the small risk of liability to officials.

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ID Code: 87207
Item Type: Journal Article
Refereed: Yes
Keywords: Sports Officials, Negligence, Pure Economic Loss, Referee Malpractice
ISSN: 1833-8852
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Tort Law (180126)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Law not elsewhere classified (180199)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2015 The Australian and New Zealand Sports Law Association
Deposited On: 03 Sep 2015 04:46
Last Modified: 13 Jan 2016 05:00

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