Part 2
Quiz yourself by thinking what should be in
each of the black spaces below before clicking
on it to display the answer.
Help!
|
|
||||
|---|---|---|---|---|---|
| Contract | "a promise, or set of promises, for breach of which the law gives a remedy, or the performance of which the law in some way recognizes a duty.
🗑
|
||||
| Examples of Contracts in Sport | Game contracts, player/coach contracts, licensing, scholarships, facility leases, concessions, media/broadcast rights, sponsorships, independent contractors
🗑
|
||||
| 2 Types of Contracts | 1.) Bilateral Contract
2.) Unilateral Contract
🗑
|
||||
| Bilateral Contract | A contract consisting of the two promises and both parties are bound to perform conditional.
🗑
|
||||
| Unilateral Contract | A contract involving an exchange of a promise in return for an act by the second party.
🗑
|
||||
| Elements of a Contract | 1.) Offer
2.) Acceptance
3.) Consideration
4.) Capacity
5.) Legality
🗑
|
||||
| Offer | A conditional promise to one party.
🗑
|
||||
| Offer explicity states the contract's | Parties, subject matter, time and place for performance, price to be paid.
🗑
|
||||
| Acceptance | The offeree agrees to the terms set forth in the offer by some positive form. Must mirror the offer, as to the offer's essential terms. If acceptance does not mirror offer, there is a counter-offer.
🗑
|
||||
| Power of Acceptance is terminated when: | 1. Counter-offer (rejects original offer)
2. Rejection (either express or reasonable time)
3. Lapse of Time
4. Revocation (may withdraw offer)
5. Death/Incapacity
🗑
|
||||
| Consideration | Consideration is an exchange of value, wherein one party agrees through a bargaining process to give up or do something in return for the other party doing the same.
🗑
|
||||
| Capacity | An individual has the ability, competence, or capacity to comprehend the terms of the contract and the repercussions for breach of the terms contained thererin.
🗑
|
||||
| People that cannot legally enter into contracts | 1. Minors
2. Individuals with mental defects
3. Individuals under the influence of drugs and/or alcohol
4. Unauthorized agents of an organization, corporation, or labor union.
🗑
|
||||
| Minors | Individuals that have not reached the age of majority. Waivers are not binding for minors.
🗑
|
||||
| Legality | terms of the contract must be legal. Courts will not enforce contracts involving illegal: Goods, services, torts, or conduct.
🗑
|
||||
| Factors effecting the enforceability of a contract | Misrepresentation, undue influence, duress, mistake, statute of frauds , parol evidence rule.
🗑
|
||||
| Parol Evidence Rule | Prohibits the admission of oral statements, preliminary agreements, or writings made prior to or at the time of the final written contract.
🗑
|
||||
| Theory behind Parol Evidence Rule | The contract speaks for itself and is intended to be the final expression of the parties' intent. Exception: when the contract is ambiguous.
🗑
|
||||
| Can an employer enforce an employment contract signed by an employee? | NO! Indentured servitude is illegal, cannot ensure quality of work.
🗑
|
||||
| Non-compete clause in employment contracts | Must be reasonable in time, and reasonable in geography.
🗑
|
||||
| Other clauses to Consider | Right of first refusal, quality of merchandise, signage (size/placement, production expenses), indemnification clause (reimbursement), proof of insurance, no compete clause.
🗑
|
||||
| Promissory Estoppel | Individual relied on a promise to his/her own substantial detriment. Must be "reasonable reliance." A method of making an unenforceable contract enforceable/binding.
🗑
|
||||
| Exculpatory Documents | 1. Waiver
2. Informed Consent Agreement
🗑
|
||||
| Waiver | A contract in which the participant relinquishes the right to pursue legal action against the service provider in the event that (ordinary) negligence of the provider in the event that negligence of the provider results in an injury to the participant.
🗑
|
||||
| Informed Consent Agreement | A document used to protect provider from inherent and informed risks of a treatment or program to which the signer is subjected.
🗑
|
||||
| 2 components of Exculpatory Documents | 1. Disclosure
2. Consent
🗑
|
||||
| Legal Basis/History behind Exculpatory Documents | The Nuremberg Code (1947) - permissible medical experiments, proceedings in Helsinki.
🗑
|
Review the information in the table. When you are ready to quiz yourself you can hide individual columns or the entire table. Then you can click on the empty cells to reveal the answer. Try to recall what will be displayed before clicking the empty cell.
To hide a column, click on the column name.
To hide the entire table, click on the "Hide All" button.
You may also shuffle the rows of the table by clicking on the "Shuffle" button.
Or sort by any of the columns using the down arrow next to any column heading.
If you know all the data on any row, you can temporarily remove it by tapping the trash can to the right of the row.
To hide a column, click on the column name.
To hide the entire table, click on the "Hide All" button.
You may also shuffle the rows of the table by clicking on the "Shuffle" button.
Or sort by any of the columns using the down arrow next to any column heading.
If you know all the data on any row, you can temporarily remove it by tapping the trash can to the right of the row.
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
Created by:
kil4261
Popular Law sets