ZHANG Peng, QI Jun-di. Applicability of Vicarious Liability in the Field of Sports in China[J]. China Sport Science, 2016, 36(8): 88-96. DOI: 10.16469/j.css.201608008
    Citation: ZHANG Peng, QI Jun-di. Applicability of Vicarious Liability in the Field of Sports in China[J]. China Sport Science, 2016, 36(8): 88-96. DOI: 10.16469/j.css.201608008

    Applicability of Vicarious Liability in the Field of Sports in China

    • In China,vicarious liability is prescribed in Article 34(1)of the Tort Law of the People's Republic of China.The application of vicarious liability in the arena of sports will deter violence in professional sports and tort actions in amateur sports.The new precedents of vicarious liability in common law countries adopt the approach of strong connection between enterprise risk and tort action.Vicarious liability may apply to the following two circumstances in professional sports:1)the employer has known the employee having apropensity for violence but still hired the employee;2)the employer consents the cultivation of rage by the coach.Vicarious liability may be claimed in amateur sports against schools and sport clubs as to the tortious conducts committed by teachers and coaches.Not only the corporations,but also nonprofit organizations can be imposed on vicarious liability.
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