Hi Mark,
I'm sure everyone will want to know tomorrow,
how can we get the documentaries/films?
Not crass at all, glad to hear about your book!
Pam
My email is [log in to unmask]
________________________________
From: Academy of Legal Studies in Business (ALSB) Talk on behalf of Mark Conrad
Sent: Mon 11/7/2005 10:01 PM
To: [log in to unmask]
Subject: Re: Illusory Contract?
Pam:
Jerry McGuire. I also have some interesting documentaries that could be of interest. One of the episodes of the PBS Baseball Series deals with the Curt Flood litigation and contract rights; also, in terms of negotiation, I could recommend a fairly obscure 1993 PBS documentary entitled "The Business of Sports" which, among other things, focuses on an agent who represents a first-round NFL pick and how he deals with NFL GMs. It's specific to sports, but entertaining -- the issue of leverage is strong.
In a bit of a plug (sorry if this is too crass), I am completing a book on the Sports Business and have a chapter on athletes and coaches contracts where I discuss the mechanics of contract negotiations and the important clauses in a players', coaches and endorsement contracts. If you have specific questions, feel free to write.
Mark Conrad
Associate Professor, Legal and Ethical Studies
Schools of Business
Fordham University
212/636-7975
[log in to unmask]
-----Original Message-----
From: Gershuny, Pam <[log in to unmask]>
To: [log in to unmask]
Sent: Mon, 7 Nov 2005 20:32:26 -0600
Subject: Re: Illusory Contract?
Thanks Mark for the info!
Does anyone know of any movies with sports related contracts issues appropriate
for a contracts class?
Pam Gershuny
(I have 2 entertainment related flicks for contract law. 1) Pamela Anderson 2)
Joan Collins A sports flick would be great!)
________________________________
From: Academy of Legal Studies in Business (ALSB) Talk on behalf of Mark Conrad
Sent: Mon 11/7/2005 4:33 PM
To: [log in to unmask] <mailto:ALSBTALK%40LISTSERV.MUOHIO.EDU>
Subject: Re: Illusory Contract?
Rick is quite right.
1. The NFL contract is made with requisite consideration in that the signing
bonus is guaranteed money -- that cannot be taken away unless it is for certain
stipulated causes.
2. Collective Bargaining Agreement mandates that teams can cut players for just
about any reason. If the player is injured, he is paid for that season, but
could be cut for future seasons.
3. Clearly, much has been written about the "weakness" of the NFLPA as opposed
to other players' unions. But note that not every baseball player's contract is
guaranteed. Many are not, but the major players are. In the NBA, most contracts
are.
4. For a copy of a standard players contract, check out the NFLPA web site. It
contains the entire CBA and one of the appendices is a standard players
contract. You may want to compare it with the standard agreements in the other
sports. You will be surprised how much of the contract language is similar.
Mark Conrad
Associate Professor, Legal and Ethical Studies
Schools of Business
Fordham University
212/636-7975
[log in to unmask] <mailto:sportslaw%40aol.com>
-----Original Message-----
From: Rick Kunkel <[log in to unmask] <mailto:rgkunkel%40STTHOMAS.EDU> >
To: [log in to unmask] <mailto:ALSBTALK%40LISTSERV.MUOHIO.EDU>
Sent: Mon, 7 Nov 2005 15:52:11 -0600
Subject: Re: Illusory Contract?
I believe that under collective bargaining agreement between the NFL and Players
Assn. the standard contact is not guaranteed, and the club can drop the player
for reasons of injury, poor performance, or for salary cap compliance, or other
reasons. The players get their "guarantee" up front in the form of a signing
bonus, but after that check is cashed, the clubs hold all the cards. Thus, the
signing bonus is the consideration that keeps the contract from being illusory.
The club's position is a condition subsequent - at their discretion, they can
terminate their performance any time after the signing bonus is paid.
There recently was a story about this in Sports Illustrated in which NFL
non-guaranteed contracts were compared to the guaranteed contracts in other
sports. If I recall factors include the size of the rosters, the relative
impact of one player on a 47-person roster, the degree and frequency of
injuries, the low strength of the NFL union, the absence of foreign leagues
(can't play in Europe) etc. Arguments for the non-guaranteed contract included
salary flexibility and salary cap issues ( star player gets hurt, but with
guaranteed contract uses up critical salary cap room. Entire team is hamstrung
by financial commitments to players not playing) It is a high risk, high reward
contract - stay healthy and play well, get rich. Play poorly or get hurt, you
are cut, unpaid, and looking for a job.
Rick Kunkel
On 11/7/05 3:11 PM, "Levin, Murray S" <[log in to unmask] <mailto:mlevin%40KU.EDU> > wrote:
I'm not familiar with the NFL contract, but my guess would be that the team
is obligated for some period of time (e.g. the first season) or some sum of
money if they cut a player, in which case it is not an illusory promise (the
team does incur an obligation that serves as consideration for the player's
promise). This is how many cancellation clauses in other contracts are
justified. There would be an illusory promise if, for example, the team could
cancel the deal before the player ever set foot on the field or ever would be
entitled to some compensation.
Murray Levin
University of Kansas
[log in to unmask] <mailto:mlevin%40ku.edu>
________________________________
From: Academy of Legal Studies in Business (ALSB) Talk on behalf of
[log in to unmask] <mailto:mkatz%40DESU.EDU>
Sent: Mon 11/7/2005 2:43 PM
To: [log in to unmask] <mailto:ALSBTALK%40LISTSERV.MUOHIO.EDU>
Subject: Illusory Contract?
Hello all. This has really been bugging me and I must be missing something.
In the National Football League, players sign multi-year contracts and while
the player is bound by the contract, the teams are not. Take for example the
situation in Philadelphia. Terrell Owens signed a seven year contract and in his
second year wants it renegotiated. The team's stance is that he signed a
contract so he should be bound by its terms. One of Owen's stances is that it's
unfair because the team can cut him at literally any time and thereby void any
remaining portions of the contract. In essence, the player is bound by the
agreement but the team is not. Why isn't this an illusory contract and if so,
why haven't agents simply voided contracts on behalf of their clients and
renegotiated with other teams? Since they haven't, there must be a reason and
it is eluding me. Might it be a labor negotiation union contract exception?
Does anyone have access to a blank NFL player's contract? (Don't we have a
professional referee in our membership?) I'd love to see one and possibly use
it in class.
Speaking as a Giants fan, I hope that Owens stands up for his rights and
creates as much disruption as he can.
Mike
Michael A. Katz, J.D.
Delaware State University
Department of Accounting and Finance
1200 North DuPont Highway
MBNA America Building, Rm 206 D
Dover, DE 19901
(302) 857-6918
(302) 857-6924 (fax)
<[log in to unmask] <mailto:mkatz%40desu.edu> >
--
|
