An Exploration of Interesting Clauses in Sports
2011; Sport and Recreation Law Association; Volume: 21; Issue: 1 Linguagem: Inglês
10.1123/jlas.21.1.5
ISSN2325-2162
Autores Tópico(s)American Sports and Literature
ResumoThe purpose of this article is to explore a broad spectrum of some of the more prominent and interesting contract clauses that have worked their way into the practice of law in the business of sport. The study of these clauses can provide students with an opportunity to appreciate the legal issues and contracts from both an historical and practical perspective. Many of the examples utilized in this article reflect the fundamental principles of contract law generally. This article is also designed to offer the law professor pedagogical insights and queries when appropriate. The relevant sports law provisions and clauses in this article are found in individual employment and sponsorship contracts, league constitutions, tournament rules, and in the collective bargaining agreements between owners and the players in the big four sports leagues. 1 Contract clauses have played a significant role in the sports industry and sports law at amateur, recreational, intercollegiate and professional levels. Thus, exploration of these clauses extends beyond a fundamental study of the efficacy of utilizing an exculpatory clause commonly found in road races and other outdoor activities such as 1. The big four is a phrase commonly used to describe the four major North American professional sports leagues: the National Basketball Association (NBA), the National Football League (NFL), Major League Baseball (MLB) and the National Hockey League (NHL). See, e.g., Marc Edelman, How to Curb Professional Sports’ Bargaining Power Vis-a-vis the American City, 2 VA. SPORTS & ENT. L.J. 280, 291 (2003); see also Tim Chapin, Sports Facilities and Development: The Political Economy of Sports Facility Location: An End-of-the-Century Review and Assessment, 10
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