Sport Law Exam 2
agency 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
describe several key issues that arise when a college coach's contract in breached -
ANS-Determining the appropriate damages (eg. compensatory, consequential and liquidated)
outcome. Identifying whether the breach represents a "with clause" dismissal
diff between disparate treatment and disparate impact - ANS-1. Disparate treatment - intentional
discrimination
2. Disparate impact - unintentional discrimination
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
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
Do you believe all college athletes are employees under the common law right-to-control test?
from pg 250 - ANS-Yes, I believe college athletes are employees. The right-to-control test
application to the student athlete/university relationship clearly supports the view that college
athletes are employees that should have the right to unionize as one labor force
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.
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
, explain concept of disparate-treatment discrimination and provide example in sport context -
ANS-1. indirect form of discrimination based on intentional discriminatory criteria. Someone who
alleges disparate treatment claims that he/she was treated differently from other employees in
similar situations and that the diff was based on a protected characteristic
2. example: U.S National Soccer Team players who just filed a gender discrimination lawsuit
against U.S Soccer that includes issues of pay equity
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
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
of land 2) tasks that cannot be performed within one year and 3) the sale of goods in excess of
$500.
EXAMPLE: written agreement when a player signs with a team
fiduciary duty - ANS-agent must act for the benefit of the principal
from sexual harassment scenario in text pg 142-143, address key legal arguments/issues -
ANS-1. sexual harassment scenario arises when Allie's boss, Bob, harasses her with repetitive
date requests. even when she says "no" on several consecutive occasions
2. Bob touches Allie inappropriately, then says he will award Allie with easy tasks and early
dismissal if she sleeps with him
3. Bob's boss, Steve, tells Allie to just deal with it and that Bob did not mean anything by his
comments
4. Allie is forced to quit after Bob gives her longer hours and hard tasks as punishment for
hearing her complaint
5. From sexual harassment, Steve's ignorance of the situation and the harsh/unnecessary
treatment by Bob after Allie made complaint, there is plenty of material being used, analyzed
and investigated in court of law
I highlighted a lot of current legal employment discrimination cases in-class this week. Please
list two of them. You do not need the case name (just highlight what was discussed). - ANS-Jim
Boyle age discrimination case.
Sexual harassment, referred to women as "babe" or "love".
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