Vicarious liability for on-loan sports participants

Brown, James ORCID: https://orcid.org/0000-0002-1506-9719 (2022) Vicarious liability for on-loan sports participants. International Sports Law Review, 22 (4). pp. 40-46. ISSN 1467-6680

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Abstract

This article assesses the appropriate scope of vicarious liability for sports participants who are sent out on loan. It suggests that we ought to adopt a contextual and fact-sensitive approach to this issue. In many instances, dual vicarious liability between the permanent and temporary sporting employer will be a logical and sensible outcome. This is illustrated by drawing on two particular types of sporting transfers: temporary loans to international teams, and loan deals that are designed to nurture and improve young talent. The article concludes by assessing the appropriate division of responsibility between two employers who have been held dually liable for the tortious on-field behaviour of an athlete.