الرافدین للحقوق (Dec 2011)

Civil liability for mistakes made by the sports referee during match arbitration

  • Nawaf Hazem Khaled,
  • Mohammad Taher Al-awjar

DOI
https://doi.org/10.33899/alaw.2011.160635
Journal volume & issue
Vol. 16, no. 51
pp. 99 – 136

Abstract

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A referee is one of the important figures in sport, if not the most important. He is the person who leads the match and is responsible for the major responsibilities and several obligations, the most of which is keeping the progress of the game and preserving the safety of the players. As a result of these commitments undertaken by the referee during his leadership of the game, he might make a mistake leading to harm the team or the players. Therefore the civil liability of the referee arises. Jurisprudence has been divided about the nature and the legal basis of this liability. The first trend considers it to be of a contractual nature based on the contractual mistake. The second trend has regarded the liability of the referee to be of an omissive nature based on the omissive mistake. The pillars of this liability are the same as the general staff, the damage and the causal relationship. However, the mistake and the damage pillars are specifically the vision deter of this liability .

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