Carlton Cricket and Football Social Club-Free-Samples for Students

Question: Critical reflection on the case of Carlton cricket and football social club. Answer: Introduction The law is always present and has governed every organization and the kind of activity that takes place in them including sporting activity which is not immune from the law. Besides, there has never been a distinction between the law of sport and the law in other organizations. Nonetheless, the law of sport has been perceived as a special area that needs sociological and scholarly analysis especially with the body of case laws in the higher courts that resolve the legal issues involving sport. Legal disputes and issues have become prominent in the sport social history with more law on the newspaper sporting pages than on the other parts (Shilbury Ferkins 2011). This paper will examine the basic information on the emerging legal issues that impact on sport with regard to the Carlton cricket and football social club. This 1970 case left Carlton without a remedy due to its inability to find the party to sue. The sporting law has recently developed in the contract law sector. It is the ordinary business nature of sporting bodies to enter into commercial contracts (Shilbury Ferkins 2011). However, they may experience considerable difficulties in case of a breach of contract along with sporting bodies are not incorporated associations. In such cases, it is difficult to identify the liable party and know who to sue. The Carlton cricket and football social club have been facing significant legal issues that have an impact on sport in relation to contracts. Many unincorporated organizations get into contracts with other parties without thinking about the possible problems that would result from the lack of legal status in the association (Sievers 1996). In many circumstances, people or firms provide services to unincorporated associations such as clubs without being aware that the association cannot ge t into a contract. And if in case a contract was made and a dispute arises concerning it, then it may prove to be complex and difficult to establish that a contract existed and the parties to it, as well as who could be held liable in case of a breach. The Carlton social club experienced a legal issue when it got into an agreement with the Fitzroy Football Club. The Carlton was incorporated as an association limited by guarantee while the Fitzroy was unincorporated company and they had purportedly made a contract allowing Fitzroy to use the Carlton to play its home matches for 21 years (Carlton Cricket and Football Social Club v Joseph 1969). However, Carlton later realized that Fitzroy was making negotiations with another unincorporated association (St. Kilda Cricket Club) so as to play its future matches there. This was a major legal issue for Carlton as it could not get interlocutory injunctions against the two clubs since an agreement could not be made as the companies did not subsist as a legal entity. There is also the liability for injuries since the game of cricket involves obvious risks. According to Corkery (2011), organizations are not held liable for injuries acquired from obvious risks such as a player being hit in the eye during a cricket match (7). Injuries to players are not infrequent and can even be fatal at times. The law also does not provide any remedy for an injured spectator as it is not the duty of the association to ensure the safety of all spectators. Besides, it is the nature of humans to go after dangerous recreational activities such as cricket. Hence, these are the emerging legal issues that have faced Carlton cricket and football social club. Contractual issues and the liabilities of injuries have created legal issues for the Carlton in the past where the association found itself with legal problems. Reference List Carlton Cricket and Football Social Club v Joseph [1970] VicRp 65; [1970] VR 487 (10 November. (1969).Victorian Reports. Retrieved 26 March 2018, from https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VicRp/1970/65.html Corkery, J 2011, Dangerous Sports and Obvious Risks - Anyone For Cricket?, Entertainment, Arts, and Sports Law Commons, pp. 1-9. Shilbury, D, Ferkins, L 2011, 'Professionalisation, sport governance and strategic capability',Managing Leisure, 16, 2, pp. 108-127. Sievers, A 1996, Associations and Clubs Law in Australia and New Zealand, The Press, Sydney.