Tort liability for sports injuries and role of duty care

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Tort liability for sports injuries and the role of duty of care Abstract This thesis examines tortious liability for sports injuries, with a focus on the role of the duty of care arisingprimarilyfrom Sections 2900and2901 of the Civil Code. The aim of the thesis is to analyse the fundamental prerequisites of tortious liability for sports injuries, and also, to identify the criteria relevant for assessing whether an athlete acted with the required standard of care in a given situation or not. The thesis is structured into eight chapters. The opening part defines key concepts particularly the concept of sport and sports rules. Then the nature of private law liabilityfor sports injuries is examined, leading to the conclusion that such liability is essentially tortious in nature, since the mere fact that athletes agree to play sport together cannot automatically give rise to a contractual relationship. The main part of the thesis analyses the individual prerequisites of tortious liability: unlawful conduct, harm in the form of a sports injury, causation, and fault. Throughout this analysis, particular attention is paid to the specific aspects of the sports. In examining unlawfulness, the crutial role of Section 2900 of the Civil Code as the primary source of the duty of care in sport is identified. A separate...

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