Assumption Of Risk About Tort In Sport Activities

Assumption of Risk was growing vigorously as an ancient defence in eighteenth andnineteenth centuries. During the Industrial Revolution, it has become the defence for theemployers to escape from liability when industrial accidents happened. With theadjustment of social problems, economic policies, the development of concepts in law, onthe one hand, the rules was abandoned in the field of employment; but on the other hand, ithas been adopted effectively in Torts areas from several aspects. At the same time, duringthe process of the court decision, there are more meanings added to it. Although there is adiscuss regarding the abolition of the rule, with the considerable effect of the ComparativeNegligence doctrine, it is still very important in certain areas, has been proven in practice.Now, it is widely used in sports activities.In today’s competitive sports activities, in order to pursue higher, faster, strongerand the Olympic spirit, athletes increase the difficulty of training and challenge the limitsof personal limit in the contest.In the process of sports activities, the athletes may get hurt,as well as the audiences. New forms of sports make sports content richer but the legalrelationship about tort of sports activities become more complex. Nevertheless, the risk ofstimulation has become the pursuit of the sports in order to get brilliant performance. Sosome risk is reasonable that should be beard by the victims, the others are not. The scopewhich the perpetrators should burden the responsibility will be discussed in the issue.This thesis is divided into four chapters. Chapter One will provide a relatively simpleanalysis of the basic theory of Assumption of Risk and there will be a clear concept aboutits scope of application. In Chapter Two describes the application of Assumption of Risk athome and abroad, including Chinese Tort, common law and civil law. Chapter Threeintroduces the application scope of Assumption of Risk in the sports activities, includingnegligence tort behaviors to both athletes and audiences, and outdoor travel. In ChapterFour, it describes the application and limitations of Assumption of Risk, it includes therequirements of victims capacity, time, project rules, the mode of responsibility burden andso on.