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Title: The distinctive features of tortious responsibility for football injuries
Authors: Borg Cardona, Shaun
Keywords: Personal injuries -- Malta
Damages -- Malta
Soccer -- Malta
Malta Football Association
Federation internationale de football association
Soccer injuries -- Malta
Issue Date: 2016
Citation: Borg Cardona, S. (2016). The distinctive features of tortious responsibility for football injuries (Master's dissertation).
Abstract: Ever since its inception in 1863, football has been generating millions and millions of fans from every part of the world; with many regarding it as the world’s most popular sport. It is a game that fuels emotions and this may well lead to a disregard for safety issues. This thesis considers the legal aspects of personal injuries in professional football, where it is considered as a means of livelihood, and amateur football where on the other hand the game is merely regarded as a pastime. In relation to these legal matters the author will primarily delve into questions which are constantly asked regarding two fundamentals of the law dealing with football injury claims. Firstly what are the standards that legislation and jurisprudence seek to attain in order to protect those who participate in contact sports? Secondly what are the tools in tort law in order to protect and enforce such standards? Moreover is it fair that legal standards can vary depending upon the kind of conduct engaged in by members of society? Say, if two individuals are both running down a station platform in order to catch a train and one of them intentionally trips the other up, the former may definitely be held accountable at law. However if the same two individuals are this time running on a football pitch chasing the ball and one of them trips the other, the former may possibly not be held accountable at law. The fact that one is involved in a sports may seem to provide an exception to the normal standards to which people are expected to conform in everyday life. These enquiries shall be addressed with particular reference to comparative as well as Maltese law. As there is a lacuna in our jurisprudence and legislation specifically in relation to such injury claims, this thesis shall be based on comparative law and reasoning by analogy. It shall explore legal routes which the Court could adopt in order to impose liability on or exonerate the alleged tortfeasor. As the subject is already a tangled one, given the need to reconcile the rules of football and those of tort law and the multiple potential tortfeasors, the thesis will concentrate on the liability of footballers and their respective football clubs and in addition a specific chapter will be dedicated to other typical situations generating football injury claims from which the liability of professional footballing bodies, referees and event organizers may ensue. Besides these scenarios, in the realm of football, there are other situations in which tortious liability may arise, including those which cover the injuries suffered by football spectators. Yet due to word limitation, the author, basing himself on personal experience, will focus on those situations which he believes are the most common, recurring and deserve deeper elucidation.
Description: LL.D.
Appears in Collections:Dissertations - FacLaw - 2016
Dissertations - FacLawCiv - 2016

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