SCIENCE (QUALITY WORK, A+, NO PLAGARISM

Sports Science

Student’s Name

University Affiliation

Sports Science

Discussion

List, define and explain the five essential elements in the formation of a contract. Be sure to use the facts as presented in the case.

The first element is an offer which is the promise to do something in exchange for agreed terms and in this case this is seen when SMS offered $50000 to Tennessee in exchange for their participation. The second element is acceptance where the other party agree to the offer given and in this case, this happens when Tennessee agrees to the deal offered by SMS. The third element is consideration which is the value of each party in the contractual relationship. In this case, SMS brought monetary value to Tennessee while Tennessee the promise to participate. The fourth element is mutuality of obligation which is the mutual right to perform the contract and this is what was broken when Tennessee backed out. The final element is capacity which refers to legal competence of each party and each party being sound enough to agree to the terms.

What are the possible remedies for breach of contract? Discuss and explain all remedies.

The first one is monetary damages where money is paid out by the breaching party. The second one is restitution where the injured party is restored to their position before contract (Emanuel, 2006). The other one is where the contractual duties of all parties are taken away. The fourth one is reformation where parts of the contract are changed to correct any inequalities. The last one is a special performance where a party is compelled to perform their duties in the contact.

Must this contract be in writing? Explain why or why not.

No. This is because the only contracts that must be in writing under the law are contracts of land, agreement for debt repayment, agreement for sale of goods that are more than 500 dollars and contracts which stay for more than a year. This contract falls under none of these.

Assume now that the reason Tennessee could not come to SMS to play the football game was that Tennessee eliminated its football program after incurring numerous NCAA violations. What defense may Tennessee raise against a breach of contract claim? Explain.

They may use the defense of Unconscionability. This is the violation of public policy (Dyson, Goudkamp & Smith, 2017). This would apply because there is a violation of the NCAA regulations.

Response

This post has very correctly and comprehensively identified the elements of the formation of a contract. However, I disagree with the fact that there is only one remedy as mentioned in the post which is monetary damages. This is because there are 4 more remedies that the student can explore through research. I further agree that lack of capacity is also another defence they would give since the violations make them legally incompetent.

References

Dyson, A., Goudkamp, J. & Smith, F. (2017). Defences in contract. Oxford, UK Portland, Oregon: Hart Publishing.

Emanuel, S. (2006). Contracts. New York: Aspen Publishers.