Association Football Contracts
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Association Football Contracts
Association football contracts are the legal contracts for both amateur and professional football. Football contracts overlaps substantially with contract, tort and labour law. Issues like defamation, privacy rights and intellectual property law are also an integral aspect of football contracts. This area has been subject to a number of controversies since the 1990s (see the Bosman ruling and the Webster ruling). These cases have coincided with the rebalancing of player power and increased media scrutiny and commercialisation of football. Labor law: Association Football Contracts Labor law has always been an extremely important determinant of association football contracts. The way countries classify labor done by football players is essential to many aspects of the football players' contract. In the 21st century we have seen some shifts in the nature of labor classification in football. In some countries football players are classified as service providers rather than employ ...
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Association Football
Association football, more commonly known as football or soccer, is a team sport played between two teams of 11 players who primarily use their feet to propel the ball around a rectangular field called a pitch. The objective of the game is to score more goals than the opposition by moving the ball beyond the goal line into a rectangular framed goal defended by the opposing side. Traditionally, the game has been played over two 45 minute halves, for a total match time of 90 minutes. With an estimated 250 million players active in over 200 countries, it is considered the world's most popular sport. The game of association football is played in accordance with the Laws of the Game, a set of rules that has been in effect since 1863 with the International Football Association Board (IFAB) maintaining them since 1886. The game is played with a football that is in circumference. The two teams compete to get the ball into the other team's goal (between the posts and under t ...
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Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the mind ...
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Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ...
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Labour Law
Labour laws (also known as labor laws or employment laws) are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, employer, and union. Individual labour law concerns employees' rights at work also through the contract for work. are social norms (in some cases also technical standards) for the minimum socially acceptable conditions under which employees or contractors are allowed to work. Government agencies (such as the former US Employment Standards Administration) enforclabour law(legislature, regulatory, or judicial). History Following the unification of the city-states in Assyria and Sumer by Sargon of Akkad into a single empire ruled from his home city circa 2334 BC, common Mesopotamian standards for length, area, volume, weight, and time used by artisan guilds in each city was promulgated by Naram-Sin of Akkad (c. 2254–2218 BC), Sargo ...
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Defamation
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal definition of defamation and related acts as well as the ways they are dealt with can vary greatly between countries and jurisdictions (what exactly they must consist of, whether they constitute crimes or not, to what extent proving the alleged facts is a valid defence). Defamation laws can encompass a variety of acts: * Insult against a legal person in general * Defamation against a legal person in general * Acts against public officials * Acts against state institutions (e.g., government, ministries, government agencies, armed forces) * Acts against state symbols * Acts against the state itself * Acts against religions (e.g., blasphemy, discrimination) * Acts against the judiciary or legislature (e.g., contempt of court, censure) Histo ...
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Privacy
Privacy (, ) is the ability of an individual or group to seclude themselves or information about themselves, and thereby express themselves selectively. The domain of privacy partially overlaps with security, which can include the concepts of appropriate use and protection of information. Privacy may also take the form of bodily integrity. The right not to be subjected to unsanctioned invasions of privacy by the government, corporations, or individuals is part of many countries' privacy laws, and in some cases, constitutions. The concept of universal individual privacy is a modern concept primarily associated with Western culture, particularly British and North American, and remained virtually unknown in some cultures until recent times. Now, most cultures recognize the ability of individuals to withhold certain parts of personal information from wider society. With the rise of technology, the debate regarding privacy has shifted from a bodily sense to a digital sense. As the ...
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Intellectual Property Law
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in the majority of the world's legal systems."property as a common descriptor of the field probably traces to the foundation of the World Intellectual Property Organization (WIPO) by the United Nations." in Mark A. Lemley''Property, Intellectual Property, and Free Riding'', Texas Law Review, 2005, Vol. 83:1031, page 1033, footnote 4. The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goo ...
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Bosman Ruling
''Union Royale Belge des Sociétés de Football Association ASBL v Jean-Marc Bosman'' (1995) C-415/93 (known as the Bosman ruling) is a 1995 European Court of Justice decision concerning freedom of movement for workers, freedom of association, and direct effect of article 39 (now article 45 of the Treaty on the Functioning of the European Union) of the TEC. The case was an important decision on the free movement of labour and had a profound effect on the transfers of footballers—and by extension players of other professional sports—within the European Union (EU). The decision banned restrictions on foreign EU players within national leagues and allowed players in the EU to move to another club at the end of a contract without a transfer fee being paid. The ruling was made in a consolidation of three separate legal cases, all involving Belgian player Jean-Marc Bosman: * ''Belgian Football Association v Jean-Marc Bosman'' * '' R.F.C. de Liège v Jean-Marc Bosman and others ...
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Webster Ruling
The Webster ruling is a test case in association football law involving Andy Webster, a defender formerly with Heart of Midlothian football club in Edinburgh, Scotland. In September 2006 he became the first player to exploit the updated transfer regulations of FIFA, football's governing body, which stipulated that players are able to unilaterally walk away from a contract after a fixed period, regardless of the duration of the contract itself. Although the long-term effects of the decision remain unclear, it has been compared to the landmark Bosman ruling of 1995 in its potential significance. Background Regulations for the Status and Transfer of Players The regulations which led to the Webster ruling were enacted in response to the European Commission, who in 1998 opined that FIFA's then current football transfer system served as an obstruction to players' freedom of movement compared to workers in other industries. FIFA, and its European governing body UEFA, campaigned for a ...
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George Eastham
George Edward Eastham, OBE (born 23 September 1936) is an English former footballer. He is known for playing for Newcastle United, Arsenal and Stoke City, as well as a member of England's 1966 World Cup-winning squad. However, he is also notable for his involvement in a 1963 court case which proved a landmark in improving players' freedom to move between clubs. Eastham began his career with Northern Irish side Ards before moving back to England with Newcastle United in 1956. He became a fine inside forward for the "Magpies" but then shocked the club by demanding a move away which Newcastle rejected. Eastham took his case to the courts and won his case moving to Arsenal. Eastham spent six seasons at Highbury making 223 appearances scoring 41 goals for the "Gunners" before joining Stoke City in 1966. His experience helped Stoke enjoy a successful spell in the early 1970s and Eastham scored the winning goal in the 1972 League Cup Final. He also spent time coaching in South Afric ...
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Seitz Decision
The Seitz decision was a ruling by arbitration, arbitrator Peter Seitz (1905–1983) on December 23, 1975, which declared that Major League Baseball (MLB) players became free agents upon playing one year for their team without a contract, effectively nullifying baseball's reserve clause. The ruling was issued in regard to pitchers Andy Messersmith and Dave McNally. Background Since the 1880s, baseball owners had included a paragraph described as the reserve clause in every player contract. The paragraph as written allowed teams to renew a contract for a period of one year following the end of a signed contract. Owners asserted and players assumed that contract language effectively meant that a player could be "reserved," by a ballclub's unilateral contract renewal, year after year in perpetuity by the team that had signed the player. That eliminated all market competition and kept salaries relatively low. Dave McNally and Andy Messersmith both played professional baseball as start ...
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Arbitration
Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral tribunal'), which renders the 'arbitration award'. An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. In certain countries such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be distinguished from consensual arbitration, particularly commercial ...
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