The concept of fault beyond the limits of the rules of the game is not obvious to define, because it depends on many things. And this concept of fault can be at the origin of a legal action following a disagreement. Mediation can be a good way to avoid the uncertainty of the legal world.

The difficulty lies in the distinction between damages resulting from a gambling event and those resulting from a fault characterized by a violation

FirstCivil Chamber of the Court of Cassation thus recalls in a judgment dated December 3, 2014 the elements allowing to engage the responsibility of the sportsman, in particular the need to prove a fault characterized by a violation of the rules of the game.

In the words of the High Court,  the only broad and ambiguous assessment of unsportsmanlike behavior is not sufficient to establish the existence of faulty misconduct likely to engage the liability of the goalkeeper  ».

In this case, the responsibility of the goalkeeper was not retained by the Court of Cassation in the light of the elements of the debate. Effectively, " the violence, the brutality or the disloyalty of his gesture, his disproportionate or superfluous strength, can not be deduced from the seriousness of his injuries ».

The usual gesture thus performed in the context of the discipline concerned does not fall within the scope of the fault resulting in liability. In French law, without fault, no compensation for the damage suffered in civil classic.

 

Professional sports mediator (judicial or conventional) - mediation trainer - and lawyer based in Bordeaux. Passionate of Padel and Tennis, he is regularly appointed by clubs, associations or sportsmen (ves) in amicable settlement of disputes before any trial. For Padel Mag, he reviews monthly news on conflict resolution and mediation.
Do not hesitate for any question: pujol.avocatmediateur@gmail.com
Sports Mediators: a healthy “mediation” spirit, for a peaceful sporting practice.