It is today common to refer to a section of law known as sports law, but in reality, there is no distinct section of the law referred to as ‘sports law’. This, in a way, reflects the importance with which contract law is viewed in sports. In the recent past, sports have seen an immense growth spurt and with these legal issues have arisen. The growth has brought with it increased legal involvement in the many operations and management of sports. This has made these laws that find application in sports to be referred to as ‘sports law’. Important to note is that these laws which find application in sports are the same ones that are applied in all human activities and projects (Sullivan 2010). They are not just unique to sports, even though they have demonstrated their importance in the running of the sport.
One of the laws which play a truly vital part in the regulation of sports activities is the law of contract. It finds application in the sporting world and has allowed the players and teams to come to a mutual understanding and for both parties to have their wants met. Contract law in sports prevents the player from behaving badly; these actions can lead to a bad reputation of the player which translates to a team’s poor reputation. It prevents the team from getting any bad publicity from the actions or words of its players. It is important in that it assures the player of their team position and by offering the sense of security; it encourages a player to give his or her all to the team. It also ensures the team’s security in knowing that the player is committed to it according to the terms set. Another importance of contracts of law to sports is that it ensures both the terms and conditions that are desired by the player and team are met. This ensures the satisfaction of both parties, and that they are not breached since it is legally binding (Sullivan 2010).
The law of contract in sports may require changes or adjustments in correlation with some contracts mostly those which incorporate international agreements, for example, the world anti-doping code or some contracts which involve many parties. Contracts of law, therefore, differ depending on the level of the sport and the type of sport, and there is no one contract that applies to all sports (Sullivan 2010).
The importance of the role of contract law in sports is seen in the case of Buckenara versus Hawthorn Football Club ltd in March of 1987. The plaintiff (Buckenara) filed a case against Hawthorn Football club (the defendant), for a breach in a contract that they had agreed upon in the year 1984. In the agreement, Buckenara had signed a contract to play for Hawthorn football club for two years. The contract had an optional clause that stipulated that it had the right to make an extension that would see the player stay with the team for two more years (Gillies 2008). This extension of the contract could be made without the consent of the player. According to Buckenara, he had entered into a collateral oral contract with the football club (through its agent Lauritz). In this oral contract, they agreed to treat the optional clause as, not binding and, therefore, not enforceable against Buckenara. The case arose due to the enforcement of this optional clause which extended the player’s period by two years. This is the reason the plaintiff filed the case as a breach of the oral contract made earlier. The defendant, in turn, filed a counterclaim that the written contract was binding and that Buckenara should not play for any other team apart from Hawthorn football club during the term of the agreement (Gillies 2008).
References
Gillies, P 2008, Concise contract law, Federation Press, Sydney.
Sullivan, A 2010, ‘The Role of Contract in Sports Law’, Australian and New Zealand Sports Law Journal, vol. 5, no. 1, pp. 3-25.