英语论文网

Beyond this there is no widely accepted written definition of what is the essential character of the game, though this is unlikely to cause difficulty for any court. For example in Gunter Harz Sports Inc v United States Tennis Association a manufacturer of double-strung tennis racquets brought an action against the USTA alleging that the tennis association had engaged in anti-competitive conduct by banning the use of such racquets. The manufacturer argued the absence of any widely accepted definition of the principles of the game meant the application of the standards was nothing more than arbitrary. The Court response was blunt (and I suggest equally applicable to the game of golf): “The Court finds it immaterial that no written definition of the ‘character of the game' exists, since the evidence clearly establishes that it is widely understood merely as referring to the way the game has traditionally been played over scores of years.” The Association was simply trying to preserve the legitimate goal of having tennis played in the same way that it has always been played.

With golf played on all populated continents, its professional and senior amateur ranks competing across borders, the need for uniformity and maintenance of a traditional view of what the game involves is critical. Whilst there may be differences of opinions as to the role of innovation in a sport, and how sport may fundamentally alter with change, the Court will be reluctant to substitute its own judgement for that of the rule making authority. A challenge to this only made out if the power was exercised in a malicious, arbitrary fashion. For example, in STP Corp. v United States Auto Club the court held that the defendant, United States Auto Club Inc (USAC), in amending technical specifications which resulted in the plaintiffs turbine engine racer being excluded from automotive racing competition, acted in a reasonable and prudent manner with due consideration. The court concluded that as a purely voluntary association, the USAC was free to fix qualifications for membership and to provide for termination of membership of those who did not meet its standards. The constitution, by-laws and rules of government of the USAC set out the rights and duties of members and as such, the USAC could impose conditions on membership or deny membership as long as due process procedures were followed and exclusions, suspensions or exclusions from membership were reasonable, done in good faith and not discriminatory. The court therefore found that the USAC's actions were not arbitrary, capricious, malicious or with wilfulness or intent to injure or damage the plaintiffs.

Provided therefore, that the USGA and the R&A (and through their delegation, national bodies such as Golf Australia) take account of the evidence of the players, the manufacturers and other stakeholders (such as long serving and respected officials), the decision to act in what they perceive to be the traditions of the game will be unchallengeable. Consumer welfare is not being harmed, but enhanced by the standards set. They will be preserving the skill of the game and preventing technology from overcoming the human element. Any constraint on their actions could not only jeopardise the governance that the rule making authority is able to provide, but may ultimately threaten本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。