Sports Science(Qualitywork, A+, no plagarism)o

1. Read and answer questions

Southwestern Massachusetts State (SMS) decided in 2018 to have its football team play against high caliber opponents to increase its national recognition.  SMS contacted Tennessee to set up a football game.  SMS offered to pay Tennessee $50,000 if Tennessee would come to SMS for a football game in the fall of 2019.  Tennessee agreed to SMS’ offer.   The night before Tennessee was supposed to leave for SMS, Tennessee’s Athletic Director contacted SMS’ Athletic Director to tell her that Tennessee would not actually make the trip to play against SMS’ football team.  The Tennessee Athletic Director explained that Tennessee was actually going to play Florida State instead.  SMS expected to get $100,000 in revenue from the game itself.  In light of the fact that FOX was going to nationally televise the game, SMS spent $200,000 on commercials promoting SMS as an academic institution.  SMS would not normally spend money on commercials, but it felt that the national exposure would bring students to SMS from all over the country. 

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.

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

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

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.  

2. Respond to discussion

The five basic elements of a contract include an offer, acceptance, consideration, mutuality of obligation, and capacity. An offer is generally defined as a promise to act or refrain from acting. SMS offered to pay Tennessee 50,000 dollars if Tennessee would come play them. Acceptance is the acknowledgement and agreement to the offer presented. Tennessee clearly agreed to SMS offer. Consideration is the exchange of value between two parties. SMS offered to pay Tennessee 50,000 dollars which made it profitable for Tennessee and SMS was going to profit from the game itself and from national recognition leading to increases in secondary revenues. For mutuality to exist, both parties must be bound to perform without the right for one party to cancel the contract. Both schools agreed to play and then Tennessee decided to void the contract without mutual agreement from SMS. Finally, capacity is defined as both parties ability to fulfill their proposed contractual obligations. Within the context of the initial proposed scenario, both schools had the capacity to successful fulfill their obligations. Tennessee clearly breached their contract with SMS and now SMS has the right to seek damages. Tennessee could remedy their breach of contract by paying SMS for all present and future economic related damages. If Tennessee decided to play Florida State instead, they must be able to turn a bigger profit from that game versus their initial commitment to play the SMS game. Tennessee could use some of that revenue to pay financial losses to SMS for breach of contract. Generally, there are no hard laws that state contracts must be officially in writing unless they fall into one of four specific categories. In this instance, this scenario does not fall into any of those categories and therefor does not need to be officially completed in writing. Now assuming Tennessee could not come to SMS because their football program was eliminated, Tennessee may claim that they didn’t have the capacity in order to fulfill their contractual obligations. If Tennessee doesn’t have a football team then they can’t possibly travel to SMS to play a football game.

References

Breach of Contract: Remedies – Contracts. (2019). Retrieved 26 July 2019, from https://contracts.uslegal.com/breach-of-contract-remedies/

Contracts – An USLegal Topic Area. (2019). Retrieved 26 July 2019, from https://contracts.uslegal.com/