Study Of The Tort Liability Of Athletes In Competitive Sports

With the development of society and economics, sports has been an important method of people's fitness and entertainment all over the world, the disputes caused in sports games and trainings have attractted the social attention. More and more disputes because of sports injuries, so how to resolve disputes because of injuries in competitive games, and what's the constituents and defense of competitive sports tort by atheletes. All these need to be answered by tort law. However, it's not perfect in the portion of legislation in torts, and it's not ample in the study of torts of athletes, either. The thesis which composed of five parts try to answer all the questions above.First part concerns on the conception and characteristics of tort of athletes in competitive sports. Competitive sports tort by athletes, maens the games which athletes take part in derectly and abide by rules, and all athletes try to achieve the best achievement. Competitive sports tort by athletes happens in special space-time, the athletes have subjective fault, and the athletes can put to the proof of defenses.The second part discusses the principle of attribution of responsibilty and the consitituents of tort of athletes. It put to use fault in attribution. Plaintiffs must try to confirm five parts of the constituents: athletes, the acts breaching rules and spirit of competitive sports, the injuries occurring in training or in the game of sports, causation and the subjective fault of athletes.The third part expounds the standards and means to identify the fault of tortfeasors. Intention means that athletes predict the damage and purpose of athletes is blameful. The factors in identifying the fault in competitive sports are rules of the game, contaction of body in the game and so on.The forth part interprets defense of tort of athletes. It interprets the applicable conditions of exemptions and the scopes of exemption. The rule of content of victims can remit the torts of athletes, and victims should consent authentically and voluntarily. The rule of assumption of risk applies to remit the liability of fault, victims undertake the risk of competition. Athletes and organizers must agree on the arrangement of exemption, and the rule can't apply to immaturities. If the harm caused by the third party, athletes shouldn't assume the liability. Athletes and victims are both fault, and both of them assume the liability according to their faults.The fifth part briefly discusses accountability of tort liability. And in this part, the author introduces the scope of tort liability of athletes and how to apply vicarious liability.