Ekin3335 - Sport Law Final Study Guide Torts Intentional:...

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Sport Law Final Study Guide Torts Intentional: Assault : feel it coming, don’t actually have to have damages, intend to harm (hardest part to prove), causation o Defenses: Consent (a problem defense in sport, coach told you to slide tackle), Privilege (self defense, defense of others, defense of property, recapture of personal property, immunity), prove one of three elements is missing Battery : Intend to harm and actually cause damages, causation o Defenses: same for assault Reminder: Facility owners can be found negligent for third party assaults and/or battery. They should monitor prior violent activity, lighting, security, etc. Invasion of privacy: (a famous person will be hounded more than a normal person would) o Unreasonable intrusion on seclusion : coach entering house of athlete without him/her knowing o Appropriation : taking someone famous’ likeness and using it for your own good without their permission (ex: using a picture and posting it somewhere) o Unreasonable disclosure of private facts : An athletic trainer revealing that an athlete has sickle cell o False light intrusion : using someone’s lightness in false context (ex: posting a picture of tiger woods to sell something) Defamation o A false statement, a third party (has to go beyond 2 people), fault or negligence of the publisher, damages (don’t have to be financial, could be ruining someone’s reputation) o Libel: written o Slander : spoken o Defamation of a Public Person : Need to prove MALICE (tried to hurt you on purpose) o Defenses to Defamation : Need to prove one of three things 1. Truth: if you can prove your telling the truth you will always win 2. Absolute privilege: usually judges have this, if they claim someone is guilty and find later that they aren’t, they judge cant be defamed 3. Qualified or conditional privilege: a teacher can write bad things in a letter of recommendation because they are qualified to do so
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Slander Per Se o False statements so damaging that the victim does not have to prove
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This note was uploaded on 01/25/2011 for the course EKIN 3335 taught by Professor Fink during the Spring '10 term at University of Florida.

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Ekin3335 - Sport Law Final Study Guide Torts Intentional:...

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