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EHR408 Sporting Contract & Employment (8)

Abstract

This subject is designed to introduce contract law in sport. A sophisticated understanding of contract law is vital for meaningful involvement in any commercial area of sport. The subject will spend considerable time focussing on the universal elements of contract law. This includes parties to a contract, formation of contract, contractual capacity, contract enforcement, possible breaches and remedies for breach under contract. It will also touch on competition and restraint of trade in the course of contract. The subject will also examine common contracts that occur in the sporting industry, especially athlete selection and other standard form contracts. It will explore the elements of employment law; the formation of employment and sporting contracts, the common law implied terms and fiduciary duties under contract. It will also look at types of termination of contract and issues of vicarious liability under employment contract as it relates to sports contracts.

In examining athlete contracts, students will explore issues such as implied and express terms as well as different common criteria such as good faith, natural justice and selection criteria

+ Subject Availability Modes and Location

Continuing students should consult the SAL for current offering details prior to contacting their course coordinator: EHR408
Where differences exist between the handbook and the SAL, the SAL should be taken as containing the correct subject offering details.

Subject information

Duration Grading System School:
One sessionHD/FLSchool of Exercise Science, Sport and Health

Enrolment restrictions

Graduate Diploma in Sports Management (Sports Law)

Learning Outcomes

Upon successful completion of this subject, students should:
be able to:
- identify the implied and express terms of a contract;
- articulate the important elements in the formation of a contract;
- identify possible breach of contract;
- explain the results for breach of contract and the possible remedies, action that may be available to the parties;
- articulate the important elements in the formation of an employment contract;
- explain employee and employer obligations under contract;
- explain the major issues that arise under employment contract in sport;
- examine the elements of a contract for athlete selection and enunciate the common criteria that are elements of the contract;
- demonstrate they understand the range of remedies that are available in athlete selection process.

Syllabus

The subject will cover the following topics:
- Elements of the formation of contract, including offer, acceptance, intention and consideration; - Concept of capacity to contract and the implications on player contracts; - Exempting and limiting terms of a contract; - Common breaches of contract and the possible remedies; - The contractual terms of selection and the selection agreements for athlete selection contracts; - The process for hearing disputes in athlete selection; - Formation of employment contract; - Standard form sporting contracts; - Collective bargaining agreements in sport; - Employee and employer obligations; - Termination of employment contracts; - Vicarious liability .

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The information contained in the 2018 CSU Handbook was accurate at the date of publication: 18 October 2017. The University reserves the right to vary the information at any time without notice.