SPM4723- Legal Issue in Sports FINAL EXAM (Answered) Complete Verified Solution
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Course
SPM4723
Institution
SPM4723
SPM4723- Legal Issue in Sports FINAL EXAM (Answered) Complete Verified Solution
Agency Law
Law that governs the relationship between a principal and an agent
Scope of Authority
Express: Written or oral agreement
Implied: Performance or incidental acts needed to accomplish primary duties
Fid...
SPM4723- Legal Issue in Sports FINAL
EXAM (Answered) Complete Verified Solution
Agency Law
Law that governs the relationship between a principal and an agent
Scope of Authority
Express: Written or oral agreement
Implied: Performance or incidental acts needed to accomplish primary duties
Fiduciary Duty
Agent must act for the benefit of the principal (client) rather than themselves
Uniform Athlete Agents Act (UAAA)
Designed to provide a single set of regulations for athlete agents and provides for
reciprocal registration for agents and for more reasonable registration fees
Contract
A legally enforceable agreement or promise between two or more parties that creates
an obligation to do/not do a particular action
Formation of a Contract
1) The Offer
2) Acceptance
3) Consideration
The Offer
A conditional promise made by one party to another
Bilateral
Consists of 2 promises (offer and acceptance) where both parties are bound to perform
(EX: High School Coach with salary)
Unilateral
Does not involve an exchange of promises but rather one promise in exchange of an act
(EX: Insurance Contracts)
Acceptance
Only by the party to whom it was made (offeree or authorized agent)
-Must mirror the offer's essential terms (counter-offer)
-Offer typically includes the method in which acceptance must be communicated
Consideration
The exchange of value/benefit that each party receives
-Must have a mutual exchange of consideration for contract to be legally enforceable
Legality
Even with an offer, acceptance, and consideration the contract will only be valid if the
underlying transaction is legal
Capacity
Certain classes of individuals lack the ability, competence, or capacity in certain
respects to enter into contracts
-Minors/Mentally incompetent/Under the influence
-Contract is typically voidable at their discretion
Undue Influence
, Domination of 1 party over the mind of others unfairly persuading
Duress
Any wrongful act or threat which coerces a party to enter a contract
Misrepresentation
False assertion of fact which induces a party to enter a contract
Parole Evidence Rule
Rule in which contracting parties cannot assert facts that are contrary to the written
agreement
-No further evidence can be introduced, prior versions, oral agreements
Rodgers v Georgia Tech
Rodgers was fired and was paid base salary but not fringe benefits
-Sued and court ruled he was obligated to collect fringe benefits on top of salary pay
Health Club Contracts
At least 37 states (INCLUDING FLORIDA) have specific laws that stipulate what can
and can't be in contract for consumer protection
-EX: Cant be longer than 3 years and cant be lifetime
Compensation for Breach of Contract
-Compensatory Damages: $ to make up for monetary loss one party suffered
-Consequential Damages: $ to make up for the economic losses caused indirectly by
the breach
-Liquidated Damages: Specific amount of $ agreed upon and within the contract itself
Judicial Remedies for Breach of Contract
-Rescission (Null Contract): If the other party acted fraudulently and there was
significant damage
-Reformation (Redo Contract): If the problem is the result of an honest mistake
-Specific Performance (Ask for a specific item): Seek only if the product or service is
important or not replicatableable
Duty to Mitigate (Reduce) Damages
Prevents wronged parties from doing nothing while damages accumulate
Enforceable Contracts
-Written (eliminates ambiguities)
-Well-versed in state law
-Legally reviewed
Elements of Sexual Harassment
1. Unwelcome sexual advances
2. Not desired by the employee (victim)
3. Conduct that creates a hostile or abusive work environment
4. Can arise from either verbal or physical conduct
Types of Sexual Harassment
Quid Pro Quo: Power dynamic/benefits for interacting with
-A single advance may be harassment
Creating a Hostile Work Environment: Single incident typically doesn't create it
Faragher v. City of Boca Raton
-Female employee quit due to sexual harassment from direct supervisor
-City did not follow its own policies and others knew of behavior
-Court found city liable
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