Exam (elaborations)
Sport Law Exam 2 (1)
Sport Law Exam 2 (1)
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Sport Law Exam 2agency relationship example; agent, principal and 3rd party - ANS-Bob Dillon is an agent
working for the firm Sports Everywhere. The player he represents is John Smith, a soccer player
for the Indy Eleven
fiduciary duty - ANS-agent must act for the benefit of the principal
whats the purpose and scope of the Uniform Athletes Agent Act (UAAA) - ANS-provide for
uniformity in registration and certification of athlete agents among the states
what types of regulations are agents subject to and why - ANS-2 types:
UAAA: required in 40 states. requirements differ state by state, this provides uniformity in
registration and certification of athletes among athlete agents among the states. agents who
sign contracts with student athletes must provide:
1. notice to the particular university
2. must make clear to student athletes that their eligibility is affected; notice must be given in the
contract
SPARTA: federal law passed to protect student athletes and universities from unscrupulous
sport agents by prohibiting agents from making false or misleading promises or providing gifts,
cash or anything else of monetary value to student athletes and those associated with student
athletes
example of a potential conflict of interest for a sport agent - ANS-do with self-dealing where the
agent is taking personal advantage of the principal. Agent acting in unethical ways that could
damage relationship with the client and destroy trust. Double dealing where the agent is working
for the principal as well as a third party.
difference between express and implied authority - ANS-express: when the authority is granted
in the agency agreement; it can be written
implied: when it is reasonably necessary to carry out an express authority, it can be verbal
important facts and takeaways from the "in the courtroom - court upholds the authority of union
to discipline agent" blurb on pg 90 - ANS-Facts: Black v. NFL Players Association (2000), the
U.S. District Court for District of Columbia found that Black could bring no claims against the
union, because he agreed to follow the contract advisor regulations and the NFLPA was merely
enforcing the rules. Black first argued that the NFLPA unjustly deprived him of his livelihood as a
sports agent by tortuously interfering with his contracts with his players when they revoked his
agent certification.
, Takeaways: Black lost case for 2 reasons. regulations that Black violated to have his job
terminated were in conformance with the leagues CBA. Also Black cannot file claims in the first
place because he agreed to follow the NFLPA's regulations, which he did not do.
explain issue of scope of employment in context of agency and tort liability - ANS-issue of scope
of employment is determined by whether an act was performed in scope of employment.
EXAMPLE would be if there is an injury on the job, the workers can be compensated for the
injuries they suffered
important facts and takeaways from the United States v. Walters and Bloom on pg 91 - ANS-In
august 1984, world sports and entertainment president Norby Walter and vice president Lloyd
Bloom attempted to recruit and represent college athletes in negotiations of sport contracts.
Offered cash, loans, clothing, insurance policies, limos and more to convince student athletes to
sign with them. contracts were postdated to make it seem as though it werent signed until after
playing college sport. in 1992, Walter was sentenced to 1 and 1/2 years in prison, fined $25,000
and 250 hrs community service, Bloom sentenced to 5 yrs probation and 500 hrs community
service
important facts and takeaways from Steinburg, Moorad & Dunn Inc. v. Dunn on pg 91 -
ANS-David Dunn worked as an agent at Steinburg, Moorad & Dunn. Contract included a non
complete clause and an agreement to refrain from using trade secrets (inside info that he
obtained from working at the firm). Dunn left firm and took several clients with him. Steinburg felt
that Dunn breached his contract and sued. Dunn ended up owing $44 mil in damages, and
NFLPA suspended him for 2 years for violating its agent regulations
explain capacity and conditions in which a person might be held to lack legal capacity to enter a
contract - ANS-Capacity - someone has a legal right to enter into a contract
Those who are mentally incompetent, drunk or minors cannot enter into valid contracts
Is a gift considered a valid consideration in a contract? why or why not - ANS-No, a gift, past
performance, or illegal act in not considered valid consideration under contract law
difference between bilateral contract and unilateral contract; give an example in the sport
context - ANS-Bilateral: most common in sport, two parties agreeing on a contract, both signing
it, and both promising to honor it. Heavy usage over the past few days with NFL free agency
Unilateral: one party agrees to do a task, other party only fulfills the details of the contract if the
first party completes the task. NFL players sometimes have these segments in their contracts in
the form of incentives. Player only gets paid if they complete the task ($1 mil for 12 sacks in
2019 seas
Explain Statute of Frauds and provide hypothetical example in sport - ANS-Statute of Frauds:
requires written contracts. These could be 1) contracts concerning the sale, mortgage, or lease
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