SPM4723 - Legal Issues in Sport
Exam III (Answered) Complete Verified
Solution
Contract
A legally enforceable agreement or promise between two or more parties that creates
an obligation to do or not do a particular action.
What is contract law based in?
Common Law.
What does the Uniform Commercial Code (UCC) do?
Governs commercial codes and contracts.
What are the parts of a contract?
Offer, Acceptance, Consideration.
The Offer
A conditional promise made by one party to another.
Bilateral Offer
Consists of 2 promises (offer and acceptance), both parties are bound to perform.
- Ex. 80k to coach a basketball team.
Unilateral Offer
Does not involve an exchange of promises, rather a promise in exchange of an act.
- Ex. Fan gets 1k to return a home run ball.
Acceptance
Only by the party who it was made, and it must mirror the offer's essential terms.
Consideration
The exchange of value/benefit that each party receives.
What makes a contract enforceable?
Written out, well versed in state law, and legally reviewed.
Legality
Even with offer, acceptance, and consideration, a 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, or under the influence lacks capacity.
Misrepresentation
False assertion of fact which induces a party to enter into a contract - can be intentional
or unintentional.
Undue Influence
Domination of 1 party over the mind of other unfairly persuades to enter into a contract.
Duress
Any wrongful act or threat which coerces a party to enter a contract.
What is the statute of frauds?
, Certain contracts are unenforceable unless they're in writing.
- Ex. Sales, mortgage, or lease of land
Parole Evidence Rule (PER)
Rule in which contracting parties cannot assert facts that are contrary to the written
agreement (contract).
Rodgers v. Georgia Tech Athletic Association
Breach of Contract Issues; Wanted to recover the value of some of the contents of his
coaching contract.
Liquidation Damages Clause
Specified amount in the contract if the contract is breached to be paid, if there is none
then it's the whole contract remaining.
Uniform Players Contract
Standard contract for all professional athletes in a league.
What are the types of compensation for breach of contract?
Compensatory, Consequential, and Liquidated.
Compensatory Damages
Money to make up for monetary loss one party suffered.
Consequential Damages
Money to make up for economic losses that were caused indirectly by the breach.
Liquidated Damages
Specific amount of money agreed upon and within the contract itself.
Duty to Mitigate Damages
Prevents wronged parties from doing nothing while damages accumulate.
Rescission
When one party acted fraudulently and there was no significant damage, the contract
would become null and void.
Reformation
The issues is that one party committed an honest mistake.
Specific Performance
If the product or service is important and cannot be duplicated.
What are the elements of sexual harassment?
Unwelcome sexual behavior or advances, not desired by the victim, conduct that
creates a hostile work environment, and can be either verbal, nonverbal, or physical
contact.
What are the types of sexual harassment?
Quid Pro Quo and Hostile Environment.
Quid Pro Quo Sexual Harassment
Comes from a Position of Power; Employment outcomes, such as hiring, promotion, or
simply keeping one's job, depend on whether an individual submits to sexual
harassment.
Creating a Hostile Work Environment
The employer has the responsibility to provide a workplace free of harassment; a single
incident typically doesn't create it but managers are also liable for their subordinates.
Respondeat Superior
Exam III (Answered) Complete Verified
Solution
Contract
A legally enforceable agreement or promise between two or more parties that creates
an obligation to do or not do a particular action.
What is contract law based in?
Common Law.
What does the Uniform Commercial Code (UCC) do?
Governs commercial codes and contracts.
What are the parts of a contract?
Offer, Acceptance, Consideration.
The Offer
A conditional promise made by one party to another.
Bilateral Offer
Consists of 2 promises (offer and acceptance), both parties are bound to perform.
- Ex. 80k to coach a basketball team.
Unilateral Offer
Does not involve an exchange of promises, rather a promise in exchange of an act.
- Ex. Fan gets 1k to return a home run ball.
Acceptance
Only by the party who it was made, and it must mirror the offer's essential terms.
Consideration
The exchange of value/benefit that each party receives.
What makes a contract enforceable?
Written out, well versed in state law, and legally reviewed.
Legality
Even with offer, acceptance, and consideration, a 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, or under the influence lacks capacity.
Misrepresentation
False assertion of fact which induces a party to enter into a contract - can be intentional
or unintentional.
Undue Influence
Domination of 1 party over the mind of other unfairly persuades to enter into a contract.
Duress
Any wrongful act or threat which coerces a party to enter a contract.
What is the statute of frauds?
, Certain contracts are unenforceable unless they're in writing.
- Ex. Sales, mortgage, or lease of land
Parole Evidence Rule (PER)
Rule in which contracting parties cannot assert facts that are contrary to the written
agreement (contract).
Rodgers v. Georgia Tech Athletic Association
Breach of Contract Issues; Wanted to recover the value of some of the contents of his
coaching contract.
Liquidation Damages Clause
Specified amount in the contract if the contract is breached to be paid, if there is none
then it's the whole contract remaining.
Uniform Players Contract
Standard contract for all professional athletes in a league.
What are the types of compensation for breach of contract?
Compensatory, Consequential, and Liquidated.
Compensatory Damages
Money to make up for monetary loss one party suffered.
Consequential Damages
Money to make up for economic losses that were caused indirectly by the breach.
Liquidated Damages
Specific amount of money agreed upon and within the contract itself.
Duty to Mitigate Damages
Prevents wronged parties from doing nothing while damages accumulate.
Rescission
When one party acted fraudulently and there was no significant damage, the contract
would become null and void.
Reformation
The issues is that one party committed an honest mistake.
Specific Performance
If the product or service is important and cannot be duplicated.
What are the elements of sexual harassment?
Unwelcome sexual behavior or advances, not desired by the victim, conduct that
creates a hostile work environment, and can be either verbal, nonverbal, or physical
contact.
What are the types of sexual harassment?
Quid Pro Quo and Hostile Environment.
Quid Pro Quo Sexual Harassment
Comes from a Position of Power; Employment outcomes, such as hiring, promotion, or
simply keeping one's job, depend on whether an individual submits to sexual
harassment.
Creating a Hostile Work Environment
The employer has the responsibility to provide a workplace free of harassment; a single
incident typically doesn't create it but managers are also liable for their subordinates.
Respondeat Superior
