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sports law: risk management, agency law, contract law test 2 | Actual Questions and Answer, Exams of Law

DeVry University - WashingtonLaw

what to know about contract law - ✔✔1. elements of a valid contract 2. common provisions in sports contracts 3. types of contracts found in the sports industry 4. issues that arise when a sport contract is breached three required elements of contract - ✔✔1. offer 2. acceptance 3.consideration other elements needed for enforcement - ✔✔1. legality 2. capacity offer - ✔✔A promise or commitment to perform or refrain from performing some specified act in the future. Acceptance - ✔✔acceptance by the offer or agent (not third party).... must be in a positive manner through words or conduct

Typology: Exams

2023/2024

Available from 08/30/2024

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sports law: risk management, agency law, contract law test 2 | Actual
Questions and Answers Latest Updated 2024/2025 (Graded A+)
what to know about contract law - ✔✔1. elements of a valid contract
2. common provisions in sports contracts
3. types of contracts found in the sports industry
4. issues that arise when a sport contract is breached
three required elements of contract - ✔✔1. offer
2. acceptance
3.consideration
other elements needed for enforcement - ✔✔1. legality
2. capacity
offer - ✔✔A promise or commitment to perform or refrain from performing some specified act in the
future.
Acceptance - ✔✔acceptance by the offer or agent (not third party).... must be in a positive manner
through words or conduct
contracts are either - ✔✔bilateral or unilateral
bilateral contracts contains how many promises - ✔✔2; kevin durant signs lifetime deal with nike
unilateral contains how many promises - ✔✔1; athletic trainer insurance plus
consideration - ✔✔something of value exchanged for something else of value
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Download sports law: risk management, agency law, contract law test 2 | Actual Questions and Answer and more Exams Law in PDF only on Docsity!

sports law: risk management, agency law, contract law test 2 | Actual

Questions and Answers Latest Updated 2024/2025 (Graded A+)

what to know about contract law - ✔✔1. elements of a valid contract

  1. common provisions in sports contracts
  2. types of contracts found in the sports industry
  3. issues that arise when a sport contract is breached three required elements of contract - ✔✔1. offer
  4. acceptance 3.consideration other elements needed for enforcement - ✔✔1. legality
  5. capacity offer - ✔✔A promise or commitment to perform or refrain from performing some specified act in the future. Acceptance - ✔✔acceptance by the offer or agent (not third party).... must be in a positive manner through words or conduct contracts are either - ✔✔bilateral or unilateral bilateral contracts contains how many promises - ✔✔2; kevin durant signs lifetime deal with nike unilateral contains how many promises - ✔✔1; athletic trainer insurance plus consideration - ✔✔something of value exchanged for something else of value

examples of consideration - ✔✔1.money for =meal

  1. money for =use of arena
  2. restaurant host a halloween party = exchange for halloween products examples of consideration are - ✔✔an act or promise not to act (forbearance): promise to pay salary for the work(act) of employee OR promise to release worker if agrees not open a business in the same geographic (forbearance) consideration CAN NOT BE - ✔✔gift, past performance or illegal acts what to know about agency law - ✔✔1. how agency relationships work and what authority agents have
  3. function of sports agent
  4. duties of agents and principals within the agency relationships
  5. ways in which athlete agents are regulated Legality - ✔✔The contract's purpose must be to accomplish some goal that is legal and not against public policy. capacity - ✔✔mentally incompetent and minors cannot enter into valid contracts under age or minors must have who to sign the contracts - ✔✔parrents or legal guardians Agency Law - ✔✔governs the relationships between a principal (client) and an agent ALSO relationship between the agent and third parties What is agency? - ✔✔consensual relationship that the agent agrees to act on behalf of another person ( principal) and that person agrees to be represented by the agent sport agents roles - ✔✔1. negotiate contracts
  6. negotiate agreements

liability torts - ✔✔scope of employment Liability: Definitions of Torts - ✔✔•Respondeat superior is a legal doctrine that holds people and organizations high in the chain of command (principals) liable for the negligent acts of those lower in the chain of command (agents)

  • Negligent acts must fall within scope of employment (agency) •Scope of employment is the realm of activities engaged in by an agent when acting on behalf of a principal Regulation of Athlete Agents - ✔✔-The need for regulation: agent abuses in the past
  • Negative impact on athletes: in some cases, athletes lost money due to agent's actions
  • State laws and Uniform Athlete Agents Act Many states had their own statutes requiring registration and licensing UAAA (adopted by 40 states and Washington, D.C.) Provides for uniformity in registration and certification of athletes' agents among the states Provides that agents who sign contracts with student-athletes must provide notice to the particular university and must make clear to the student-athletes that their eligibility is affected; notice must be given in the contract Sports Agent Responsibility and Trust Act (SPARTA) - ✔✔- Protects against misleading advertising in recruiting student-athlete.
  • Enforced by Federal Trade Commission
  • No known violators Types of Disputes - ✔✔breach of contract, fraud, misrepresentation Risk Managemet - ✔✔ACTOR: Avoid - don't build swimming pool Control - put in sprinklers

Transfer - buy insurance or Retain - self insure with large deductible Risk Managemet is - ✔✔the process of reducing or elimination the risk of injury and liability associated with recreational facilities or services Process of Managing Risk - ✔✔1. Recognition

  1. Analysis
  2. Action Categories of Risk - ✔✔health, safety, crowd control specific types of hazards - ✔✔1.improperly prepared food
  3. fan violence or domestic or international terrorism
  4. seating, ticketing, exiting Analysis of Risk - ✔✔slippery floor, uneven turf, blocked exits = personal injuries analysis risk- accomplish - ✔✔common sense, objective sources, legal concepts risk evaluation - ✔✔seriousness of potential injury; probability of an injury occurring and causation or foreseeability action- risk - ✔✔retention- response to risk where no action is taken treatment- response to risk where some action is taken transfer- response to risk where methods are devised to place risk on another avoidance- response to risk where action is taken

Post crisis communication and response NCAA and NATA been instrumental in formulation - ✔✔Lightning safety Disparagement of Property - ✔✔An economically injurious falsehood about another's product or property; slander of quality and titile Typical Provisions warranties - ✔✔warranties or representations are legal promises that certain facts are true typical provisions obligations - ✔✔obligations and duties; a sections that describes the duties and obligations of the parties involved Typical Provisions termination - ✔✔the final part of any sport contract. occurs at expiration of contract or party breaches agreements case: taylor vs wake forest university - ✔✔taylor entered into scholarship to play football; he then decided to stop participating in football; as a result the school terminated his scholarship; he then sued and school won employment contracts; athletes - ✔✔-collective bargaining agreement

  • endorsement contract
  • athlete agent representation agreement employment contracts; coaches - ✔✔receive revenues from speaking engagements, summer camps, endorsement deals, tv and radio shows and base salary Game and Event Contracts - ✔✔planning games and events for sports organizations; game contracts entered into facilitate and individual game between two sport organization waivers and releases - ✔✔- Form of contract

*Signed before event *Participant absolves organization from liability for injuries suffered at the event

  • Use *Club sports *Health and fitness
  • Invalid if signed by minor lease agreement - ✔✔An agreement in which one person (the lessor) agrees to transfer the right to the possession and use of property to another person (the lessee) in exchange for rental payments. Seat Licenses - ✔✔A paid license to a specific seat/seats within an arena or stadium that permits the license holder to then purchase tickets for events contract law issues - ✔✔-Parole evidence rule
  • Statute of frauds
  • remedies Parole Evidence Rule (PER) - ✔✔Rule: PER Keeps out evidence of prior or contemporaneous agreements that contradicts the later written K, EXCEPT: (1) To correct a clerical error; (2) To establish a defense against formation (e.g., formation was conditioned on some event but its meaning is not mentioned anywhere in the K) (3) To interpret a vague/ambiguous term --> but PER CANNOT be used to "interpret" plain meaning bc we give words their plain meanings (4) To supplement/add to a partially-integrated writing
  • NOTE: Merger Clauses defeat this possibility (but in CA persuasive, but NOT conclusive) (5) Subsequent Developments --> PER does not prevent extraneous evidence of what was promised/said AFTER lease has been made BUT will have to consider these as modification Statute of Frauds - ✔✔A state statute under which certain types of contracts must be in writing to be enforceable.