Esports Teams Should Owe a Fiduciary Duty to their Players

I.          Introduction
            The profession of esports is relatively new and with that newness comes a host of issues. The one which this paper will focus on is the vulnerability of esports players to the chance of players being taken advantage of by their teams. During my research I did not come across any other writing about imposing a fiduciary duty between esports team and their players, so this paper is taking the first attempt at imposing a fiduciary duty to esports teams and their players. Due to the lack of previous research much of this paper is based off my own theories. This paper will explain how the designation of a fiduciary relationship between the esports teams and their players is a logical way to stop the bulk of teams taking unfair advantage of their players. Fiduciary duties are generally invoked to protect people who lack the knowledge or power to protect him or herself. These duties are not only invoked based upon relationships, such as between attorneys and clients or doctors and patients, but also on an ad hoc basis. The relationship between esports teams and players is one which passes the test as being an ad hoc fiduciary relationship. Even if the argument is raised that a fiduciary relationship does not fit the esports team and player relationship there are other ways in which fiduciary duties can still be imposed on esports teams.
 
            In Part II I will briefly explain what esports are and how large of a market esports has made in the past decade. Further, Part II will explain who esports players are and the details of their relationship with esports teams which make a fiduciary relationship necessary between esports players and their teams. Part III will focus on two arguments; the first argument is that under the Burdett v. Miller standard of the formation of an ad hoc fiduciary relationship esports teams and players have a fiduciary relationship, the second argument is that under the economic realities test esports players are employees and would deserve some fiduciary duties under Matthew Bodies’ theories in his paper Employment as a Fiduciary Relationship. Finally, in Part IV I will briefly reiterate why esports teams owe their players a fiduciary relationship and why that is a beneficial classification.

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