Sports and the Law
The resolution of the case for Chand can be effective with arbitration and litigation approach. There will be an appropriate application of the procedures of the law in order to settle the differences or by use of a neutral party. On the one hand, arbitration is an alternative way of resolving disputes whereby the parties within the conflict agree to table their differences to a third party impartial to the case. The third-party aims to restore a binding relationship or settle the differences in the scores between two parties. In the case of Chand, an independent party would be effective to promote equity and settle the differences through arbitration. On the other hand, litigation is the use of law courts to settle the differences between individuals, and could be applied as well. However, there is a distinctiveness in the application of these two approaches in resolving disputes in sport.
The use of arbitration in Chand case as opposed to litigation would be well suited to resolve the case. Sporting is a private activity and the approach to resolving the conflicts that arise from its activities would be best addressed through a private party. Litigation is the use of established laws, and it would be deemed unnecessary in the application of the Chand case. Moreover, the process of the courts requires increased investigation to a certain case that has increased implications to the welfare of the public. The activities of sporting are a private affair and the approach to resolving the disputes should be handled by private parties as well. In addition, most of the sports bodies are voluntary, and it would be deemed unnecessary to use litigation as it requires increased cost. The case of Chand would require private investigation by the relevant sports body. The extent of the dispute confines within the arena of the filed thus requires limited application of national law. Nevertheless, there are times where litigation would serve best: for example, in the case where there is a breach of the natural justice.
Arbitration and litigation are not the only approaches to resolving the disputes evident in Chand’s case. Mediation would also serve well resolve the disputes in the situation of Chand. The case at hand for Chand is banning of the individual. For mediation, it would be a faster method to resolve whether Chand warranted banning. This process offers a speedy and cost-effective manner of resolving the dispute. The mediation process would allow for confidentiality as well promote an open communication between Chand and the management staff. At the same time, it is tricky on the party that would promote mediation in the case where the management of Chand would be used to resolve the conflict. For Chand, it would be appropriate to use an experienced mediator and meet the goals and the needs of the two parties. Mediation would be effective by giving Chand the chance to explain her case without much criticisisms.
Sports development’s guide is by provisions and certain agreements between the player and the club. The provision of the contract is an agreement between the player and the club at which the player is forming a partnership. The NFL Player Contract has clauses relating to some factors, such as term, employment and services, other activities, publicity and NFLPA Licensing Program, compensation, payment, deductions, physical conditions, injury, workers’ compensation, skill, performance, and conduct, among other provisions and agreements.
According to the terms of the NFL Contract, the player and the club make an agreement and promises to each other. There is an indication of the duration of the agreement, the conditions and terms of the player taken into consideration. The parties involved have an agreement on the employment and services. For the player, he accepts to be employed under the terms developed by the club and agrees to contribute according to his ability and efforts. The development of the laws between the player and the courts is the prime activity where the player and the club form a positive partnership and the needs of the two parties (Shore, 1990).
The law guides the development, formulation of the NFL provisions and the needs of the player. The player accepts to abide by the laws and provisions as per the requirement of the club. In respect to the NFL laws, provisions of the law and its association show the importance attached to these values of individual and collaborative bargaining arrangements of the firm. The arrangement between the player and the club happens through an effective partnership agreement between the two parties. However, the club can use the name of the player among other details as per the set values. The provisions properly develop a mode of settling a dispute. The cases are normally resolved through an effective approach, where there is no compromise of the concern and the needs of the two parties (Bartee, 2008).
Remedies for the breach of contract.The purpose for remedies is to ensure the provision of the parties with adequate rights as per the general law. Reservation of remedies is best when endowed within the contract. In the case of damages, there is an equitable distribution to the innocent party that may have been affected and suffered a loss. The innocent party is, therefore, entitled to have a recovery from the loss witnessed. Nevertheless, there must be a measure of damages to the innocent party. An effective method of calculating this loss is necessary, and the court takes the appropriate method. The aim of the reliance loss is to restore the innocent party to the initial position where he would have been without the occurrence of a loss.
There are several solutions for breach of contract that relate to restitution, specific performance, award for damages, and rescission. The categories for damages are compensatory damages and punitive ones. For the compensatory damages, they include general damages and special damages. On the one hand, general damages cover for the loss directly incurred as a result of a breach of contract. On the other hand, special damages are also known as consequential damages cover for the loss resulting from the breach of contract due to specialized circumstances that are unpredictable. Punitive damages are awarded to punish an individual who had acted willfully or fraudulently. The aim of Punitive damage is preventing and limiting others from doing or acting in the same manner. Punitive damages are rare cases for the breach of contract.
The Federal Anti-Trust law has had tremendous effects in the four major sports. From historical perspective, antitrust laws have led to the regulations of control and protections in the professional sports. There has been development of antitrust statutes that relates to the interpretations of how sports takes place. In this way, protection of the parties involved has been established in order to ensure effective competition and equity. In case of football, basketball, and hockey, there have been increased application of the antitrust laws in the professional sports. The application of the antitrust laws will continue to affect the field in the modern society. There is a growth in the list of people entertained by professional sports, and the effects of the antitrust laws would be great (Shore, 1990).
The federal antitrust law has set forth a policy of guiding the development of sports and the quality of the game. The development of the sports is a form of labor, and its guide should be through an appropriate approach. The four major sports have been obliged to the terms of collective bargaining agreement which demands that the applicants should meet certain minimum requirements. The provision of the anti-trust laws requires that despite the talent of the individuals, there ought to be minimal education level which the individual should pursue for participation in the major sports. At times, provisions of the antitrust laws inhibit the development of the sporting activities. There are statutory oligations that limit the eligibility of individuals in the sporting activities. However, there are certain cases where the federal antitrust laws realize that some agreements require exceptional behavior. As a result, the major leagues have been given a permission to conduct their operation according to labor agreements. Nonetheless, the federal law has control on some developments in the sporting activity. There are cases when the laws restrict and prevent the major leagues from certain undertaking (Bartee, 2008).
The operations of a major league have been affected and controlled to a great extent by the antitrust laws. If the sport does not comply with creation specifications, it may fail due to limited eligibility. The federal courts have not, however, developed clear guidelines on whether there are circumstances where the sport should violate the rule. The courts are clear that the antitrust laws should apply to all the major leagues. In addition, the provisions of the antitrust law have been seen to inhibit the development of professional sports in the four major leagues (Bartee, 2008). There are more obstacles existing, and the courts have failed to consider how best antitrust laws can serve to the interest of the sport. Sports industry has limited freedom, but this does not apply to all. For baseball, it is a subject to the antitrust laws where there are agreements relating to the practices and how people engage in this sport as a business. Simultaneously, the provisions of the antitrust law are limited in the baseball as a sport.