Sport and Law: An Article and Case Analysis Essay (Critical Writing)

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The article “The Use of Salary Caps in Professional Team Sports” by Davies and the selected case “Avellino v All Australian Netball Association [2004] SASC 56” expose the alleged connection between sport and law. Sporting activities demand stringent regulations for efficient execution. It is from this context that the entire arguments emerge.

The use of law to gain justice is an evident phenomenon in the realms of sport. While critically reflecting on the matter, it is crucial to note that AFL and NRL have adopted the use of Salary Cap to eliminate unfairness in sports with respect to payments, transfer of players, and participation (Davies 2006, p. 247). As stipulated in the article, it is important to argue that players should be compensated competitively according to their performance and the nature of contracts they assume.

The core argument of both provisions is the aspects of justice in the realms of payments, contracts, transfers, and performance. This regards the as sport and law. From the case, it is notable that some systems are unreasonable since they act as a hindrance to the growth of players and their ability to sign new contracts with preferred employers (clubs). This provision augments the understanding concerning sport and law. Contextually, both factors have expanded the comprehension of various issues.

Critically, the law protects various issues ranging from compensation disputes to unfairness noticed among some clubs. From the case provided, it is evident the aspects of training, contracts, and other relevant provisions should not deny players the opportunity to find employment/contracts with other clubs. This indicates how the law and sport relate (SASC 2004, p. 1). The viability of sport and its other provisions depend on the conventional and territorial laws.

Critically, the aspects of pay are prominent in the article with various legal arguments fronted. These are supported by the case provided. Conclusively, what is important is that the two provisions (article and the case) have endeavored to enhance the comprehension of how sport and law relate in a decisive manner.

Concurrently, the article and the case provided for this part enhance the understanding of various aspects of sport and law. This is a critical provision when considered decisively. Evidently, doping is a condemned act in the realms of sporting activities (RVBA 2001). Players are discouraged from the act through various means. In fact, there are stringent legal provisions against such scorching practices in sports. On critical reflection of the matter and other provisions of the course, it is crucial to note that the law discourages various aspects of unfairness during sporting activities. This is also evident in the case provided.

The core argument in this context is that the law (in sport) thwarts all non-competitive acts in order to establish and embrace neutrality. It is notable that WADA discourages the aspects of inadvertent doping (Amos 2007, P. 1). Using illegal means to enhance performance is an improper act; nonetheless, the act is rampant among players.

This provision augments the understanding that sport collaborates with legal frameworks (law) in order to embrace competitiveness and fairness among the concerned participants as indicated earlier. Critically, it is crucial to note that various aspects of the law are congruent with sporting activities in the realms of guidance as stipulated throughout the course. This is a significant provision when given a critical approach. The need to embrace fairness and competitiveness in sporting activities have steered the entire legal structures evident from both the article and the case.

List of References

Amos, A 2007, Inadvertent Doping and the WADA Code. Web.

Davies, C 2006, Use of salary caps in professional team sports and the restraint of trade doctrine, Journal of Contract Law, vol. 22 no. 3, pp. 246-267.

RVBA 2001, South v RVBA [ac al 131200] [2001] VCAT 207. Web.

SASC 2004, Avellino v all australia netball association ltd no. scciv-03-912 [2004] sasc 56. Web.

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