Assessment Task: Case Analysis Type: Report Due Date: 07/06/22. Word Limit: 2000 words (+-10%) including in text references; not counting the reference list. Submission: Turnitin match should be less...

Running Head: ASSESSMENT TASK: CASE ANALYSIS                 1
ASSESSMENT TASK: CASE ANALYSIS                             2
ASSESSMENT TASK: CASE ANALYSIS
Table of Contents
Executive Summary    3
Introduction    4
Background    4
Current Situation Regarding Concussion in the Sport    5
Sports Integrity and Legal System    6
Mitigation and Defences Available to Sports Participants and Organisations    7
Legal Principles of Contract Law in Sports    8
Formation    8
Interpretation    9
Poorly Drafted Contracts    9
Recommendations    9
Conclusion    10
References    11
Executive Summary
Following a physical hit to the brain, concussion is a quick onset, transitory disruption of consciousness caused by a mix of functional and structural brain abnormalities. Concussion is expected to occur at a rate of seven injuries per side each season in the Australian Football League. A growing body of research suggests that a player's full recovery from a concussion may take longer. Furthermore, the consequences of repeated concussions are more severe than previously anticipated.
Introduction
Three law firms revealed preparations to file class action lawsuits against the NRL on July 3, 2019. This is in response to the governing body's management of head knocks, in an effort to increase the focus on the governing body's handling of concussions. I advise the NRL as a sports legal adviser on the merits of such a class action. This report includes integrity and understanding of the major topics of the Australian legal system. It will also be identified and analysed in terms of the essential legal principles of contract law that apply.
Background
With recent high-profile sports concussion injuries and litigation, concussion in sports is a hot issue. The prospect of catastrophic long-term consequences of multiple concussions in Australian athletes aged 50 or younger raises concerns (Malcolm, 2019). There are important things to consider, such as if there is early cognitive decline and psychiatric disease and to check whether the treatment of sports-concussed athletes should be more consistent and conservative.
It has been argued by Longworth, McDonald, Cunningham, Khan and Fitzpatrick (2021), that the terms "concussion" and "mild traumatic brain injury" (TBI) or "post-concussion syndrome" (PCS) should not be used interchangeably. The former is a significant injury that can have long-term cognitive consequences, especially if it happens repeatedly. A concussion is a temporary change in consciousness brought on by severe biomechanical forces. The term "concert" comes from the Latin word "concertus," which means "to tremble fiercely” (Malcolm, 2019).
Although a concussion usually causes some momentary amnesia, there may or may not be a loss of consciousness. Retrograde amnesia (the inability to recall events that occurred minutes before the collision or events that occurred hours or days before the injury) is common at first, although it usually goes away.
Current Situation Regarding Concussion in the Sport
In the span of 24 hours, three law firms have announced preparations to file class action lawsuits against the NRL over its treatment of head knocks. Former players are in negotiations with the company called Mitry Lawyers. This is about concerning their mental health after retiring from the game. Bannister Law and Cahill Lawyers, two additional firms, have also teamed together with the same goal in mind (Elkington, Manzanero & Hughes, 2019).
Barry Tilley, the movement's coordinator, oversaw six months of study. He has spoken with numerous former athletes regarding their health issues. Only seven people are needed to start a class action lawsuit and both parties are certain that once their campaigns are made public, they will have the necessary numbers. The attorneys have previously filed class lawsuits against the Northern Beaches Hospital and the Newcastle Light Rail (Elkington et al., 2019).
Tilley has already assisted in the organisation of numerous such class actions and is aware of former athletes who are suffering from concussion-related difficulties after retiring. According to Elkington et al. (2019), players would receive free legal assistance to help them cover their expenditures. After two former rugby league players were diagnosed with Chronic Traumatic Encephalopathy, the Australian Rugby League Players' Association (ARL) has begun a campaign to improve concussion diagnosis and care.
There is no evidence that the NRL tried to hide information about players' frequent head injuries. Any legal action taken against league officials would most likely centre on whether they moved fast and correctly given the knowledge at the time. So far, only James McManus, a former Newcastle winger and Brett Horsnell, a former Parramatta forward, have initiated legal action against their previous teams (Longworth et al., 2021)....