Lecture Outline – September 11, 2007

I. Introduction

A. Quiz Review

B. Grading System Explanation

C. Hypothetical Exam Question

D. Sports Agents Review

II. Five Elements of an Enforceable Contract

A. Offer

B. Acceptance

C. Consideration

D. Legal Purpose

E. Capacity to Contract

III. Types of Sports Contracts

A. Team Playing Contracts

B. Endorsement Agreements

C. Licensing Agreements

D. Appearance Agreements

E. Employment Contracts

F. Letter of Intent/Scholarship Agreements

G. Health Club Contracts

IV. Contract Drafting and Negotiation

A. Three “P’s” of Contract Drafting

B. Major Parts of a Contract

V. Damages and Remedies if Something Goes Wrong

A. Specific Performance

B. Compensatory Damages

C. Consequential Damages

D. Liquidated Damages

E. Punitive Damages

F. Duty to Mitigate Damages

VI. SBJ Endorsement Agreement Handout

A. What was Michael Jordan’s claim against MCI?

B. How did MCI defend?

C. How did the court rule?

D. What do the authors advise?

VII. Vanderbilt v. DiNardo?

A. Why did Vanderbilt sue Coach DiNardo?

B. What happened at the trial court level?

C. What did the Court of Appeals agree/disagree with?

D. What were the reciprocal liquidated damages clauses?

E. What was Coach DiNardo’s mistake in signing the addendum?

F. What is the relevance of the chronology?

G. What were Coach DiNardo’s three claims on appeal?

H. What did the concurrence/dissent by Judge Nelson say?

I. What did the concurrence/dissent by Judge Clay say?