Comparative Analysis of Contract Law in Sport - Case Study Example

COMPARATIVE ANALYSIS OF CONTRACT LAW IN SPORT Sultan Gumere An assignment submitted in partial fulfillment of the requirements for PES 640: Sport in the Law Department of Physical Education and Sport Central Michigan University Mount Pleasant, Michigan June 1, 2015 Content An assignment submitted in partial fulfillment of the 5 requirements for PES 640: Sport in the Law 5 Department of Physical Education and Sport 5 CHAPTER 1: COMPARATIVE ANALYSIS 7 Introduction 7 CHAPTER 2: ADRIAN BROOKS V. WOODROW PAIGE 10 CHAPTER 3: CHUY PHILADELPHIA EAGLESFOOTBALL CLUB 12 CHAPTER 4: SIMILARITIES 13 CHAPTER 5: DIFFERENCES 14 CONCLUSION 15 REFERENCES 16 CHAPTER 1: COMPARATIVE ANALYSIS 7 Introduction 7 CHAPTER 2: ADRIAN BROOKS V. WOODROW PAIGE 10 CHAPTER 3: CHUY PHILADELPHIA EAGLESFOOTBALL CLUB 11 CHAPTER 4: SIMILARITIES 12 CONCLUSION 15 REFERENCES 16 CHAPTER 1: COMPARATIVE ANALYSIS Introduction Every environment faces its own challenges. These challenges may affect the individuals within the institution or people from the outside. The challenges may also be caused by factors within a particular environment or from the outside of the environment. As a result, there are laws and regulations governing the society and different states. This is in order to make sure that all things are under control and that the powerful do not take advantage of those who are under them. The laws are then used by the courts of law to determine best action to be taken. Laws create a certain balance within the society. Every field of work has rules that govern and control the individuals who work in it. These are the guidelines that ensure the disciplines and ethical requirements of every sector are maintained. Unfortunately, not every individual is always willing to follow these laws and some end up facing problems with the legislation. In the athletic world, conflict is almost inevitable with a lot going on. Many factors are involved in this area such as clubs and the media that try to build the athletic word in the best ways that they can. However, when it comes to conflict between athletes and known organizations that are related to their sport is a common occurrence. In most cases, the athletes complain that they have been violated in a certain way by the large organization. Most organizations may take advantage of the fact that they have more resources and try to avoid fulfilling the requirements of the contract signed between an athlete and the football club or organization. This then ends up making the life of the athlete much harder emotionally and mentally. In some cases, the victim may end up being defamed by the organization through the media in order for them to ensure that they do not hold up their end of the deal. Normally, an athlete is considered a public figure because of the influence that they may have over the crowd and the supporters that they have. When defamed, it could mean an end to the career and hinder any future opportunities that may present themselves. As a result, it is only fair that h law come in and rule justly in order to protect the rights an honor of the athlete as well as look after their wellbeing. However, the plaintiff in such a scenario needs to have a strong case to present in front of the judge on order to attain a favorable ruling for their side. It is through justice that people are able to maintain their faith in the law. The parts of the cases that violated the law include whereby the football club is reluctant on compensating the footballer and violating their contract. The original contract was that the club would compensate the footballer in case of any career stopping injury faced during sporting activity which involving the club. However, when such an occurrence happened, the football club was not willing to compensate the footballer which was a violation of their contract and the law. Those in power try to perform their duties and serve as an example to the other employees who are under their supervision but from time to time rubbing shoulders is inevitable. Sometimes, things may get out of hand and lead to conduct that is uncalled for from the management or the employees. This is what may contribute to the coming up of the dark side within organizations. This is as will be seen in one of the cases handled where a commentator without directions makes negative comments about a footballer which leads to the footballer filling case in court and suing the whole organization of television. The faces of the case were the involvement of football players and the violation of contracts. There was also misconduct of the organization and claims of defamation filed by the two plaintiffs. Another fact of both cases was that there was claim of emotional distress and the potential lack of future opportunities in their careers as a result of the outrageous of the organizations. As a result of being dissatisfied with the first verdicts, the plaintiffs then decided to appeal their cases with the hope of getting favorable judgement the second time round. The judgement given on appealing favored the case of Chuy and unfortunately, Brooks did not win. The rationale used while making judgement on the case of Don was that the expression of an opinion based on disclosed or non-defamatory facts is not in itself sufficient. However, in the case of Chuy, the rationale used while giving judgement for his case was that in response to an interrogation, the jury found that that Chuy was unable to play football for the Eagles during the 1970 and 1971 seasons. Because of the injuries he sustained while playing during the 1969 season. Every case must have a winner and a loser. Should an individual violate the law, then they are bound to pay for their crimes at one point and justice will prevail. When people have faith in the law and the people ruling and giving the final verdict, then a country is going to have peace and harmony. Below are details and facts about two cases that were appealed by the plaintiffs. The first case is about Adrian Brooks who filed a case against a commentator for allegedly defaming him. The second case is about a football player named Don Chuy who feels that there is a breach of contract his company. The chart then goes on to elaborate the similarities and differences between the two cases and the verdict arrived at by the end of the trial. CHAPTER 2: ADRIAN BROOKS V. WOODROW PAIGE The first case was titled Adrian BROOKS, Plaintiff-Appellant, v. Woodrow PAIGE, Jr., and WGN of Colorado, Inc., a Colorado corporation, Defendants-Appellees. The plaintiff was Adrian Brooks who was a soccer player. The defendant was a Sports Commentator and the Television Station. According to Brooks, the sports commentator had made negative comments about him. As a result, he filed a complaint of defamation and intentional infliction of emotional distress by outrageous conduct by the sports commentator and the television station. This case was first handled in The District Court of the City and County of Denver (Colorado). However, the plaintiff as not satisfied with the judgment arrived at by this judge and decided to appeal. The case was appealed at Court of Appeals of Colorado, Division A in December the 11th of 1988. Unfortunately the verdict given by the second court did not favor the plaintiff. The judgment dismissed the soccer players claim of defamation and outrageous conduct. The rationale was that a simple expression of opinion based on disclosed or assumed non defamatory facts is not itself sufficient for an action of defamation, no matter how unjustified and unreasonable the opinion may be or how derogatory it is. Hereby, the dissenting opinion was that Defamation and intentional infliction of emotional distress by outrageous conducts that led to Adrian Brooks losing his appealed case since These are the factors that led to Adrian Brooks losing his case as the facts and evidences that he presented f his case were not substantial. The simple expression of a particular opinion cannot be considered to be an act of defamation if it assumed or disclosed. He required the actual admission of the defendant’s statement that would prove that he was attempting to make him unpopular to the public. The act of defamation required that the defendant’s statement were not simply subjected to the speculation that they were defamatory but clear in themselves that they were defaming the plaintiff. CHAPTER 3: CHUY PHILADELPHIA EAGLESFOOTBALL CLUB The second case was titled DON CHUY, Appellant in No. 77-1412 v. THE PHILADELPHIA EAGLESFOOTBALL CLUB (sued as "The Philadelphia Eagles"), Appellant in No. 77-1411and THE NATIONAL FOOTBALL LEAGUE. The plaintiff in this case was Don Chuy who was a soccer player. The defendant was The Philadelphia Eagles Football Club. According to Chuy, The Philadelphia Eagles Football Club had gone against the facts stipulated in their contract about compensation maters and they were trying to evade upholding their end of the contract. The original complaint was therefore that Breach of contract by football team to the football player on the compensation for three years on any career-ending injury. This case was first filed in the United States District Court for the Eastern District of Pennsylvania. Upon the dissatisfaction of the plaintiff with the judgement made by this court, he then appealed the case. The case was appealed at the United States Court of Appeals for the Third Circuit and was argued on November 29th in the year 1977. The judgement given was that the court denied appellant professional football teams motion for judgement notwithstanding the verdict. The rationale was that the jury found, in response to an interrogatory, that Chuy was unable to play football for the Eagles during the 1970 and 1971 seasons. Because of the injuries he sustained while playing during the 1969 season. The Eagles do not challenge this finding. The dissenting opinion was that Appellant professional football team’s motion for judgement notwithstanding the verdict. Chuy was able to win thus case because he was able to provide substantial evidence that proved that he was the victim in this case and the organization was on the wrong side. The facts of the case convinced the jury to take his side with the evidences of the injuries that he sustained while playing for the football club. CHAPTER 4: SIMILARITIES There are various similarities found in the two cases of Adrian Brooks and Don Chuy. The first and most obvious similarity is that both plaintiffs are male soccer players. In most cases, athletes are usually male hence there is a higher percentage of males filling cases in courts were in athletic sports more than females. The second similarity in the two cases is that both have individual filling case against an organization. The other similarity is that the cases were both handled by district courts and both cases were in the United States of America. In both cases, the appellate disagreed with the original verdict and there was violation of Title IX in violation of the Statue. Plaintiffs presented genuine question on the verdict given. Both players were suffering from a problem is also another similarity between the two cases. Both plaintiffs claimed that there was a breach of contract and poor conduct by the defendants. There was also the claim of defamation in both cases. Both plaintiffs being football players were public figures. Both cases required convincing the jury in order for there to be favorable judgement for each side. There was a similarity in issues presented such as the issue of defamation an emotional distress. There was also the provision of an opportunity to state one’s claim and prove why they should be favored in the verdict given. CHAPTER 5: DIFFERENCES On the other hand, both cases had several strong differences, some of which may have led to a difference in the verdict that was given for both cases. This therefore makes the first major difference be the fact that one case lost in court whiles the other case as against the defendants. Another difference is that Cases were held in Colorado and Philadelphia. Going deeper into the details, another difference is that one case involves a soccer player suing a Television Station while in the other the player sues a football club. Cases involve soccer player being defamed versus Football player not being compensated. The cases were also determined in different stated of the country. There was Compliant versus Further proceedings. These further proceedings were needed in the second case. There was also isolation versus a presented question for further proceedings. The cases were filed in different states. One plaintiff present a more convincing argument than the other and therefore one case gave stronger evidence than the other case. This was the reason as to why on case won while the other lost. Other than the difference in verdict given, there was also a difference in the strength of facts of the case hence Chuy’s case received more favor from the jury. There was a difference in some of the claims given such as compensation for injury in Chuy’s case and compensation for emotional distress in Brook’s case. CONCLUSION In conclusion, when there is a serious decision to be made about a particular case, the jury has a significant role in determining the fate of the defendant or the plaintiff. In these two cases, their case were almost the same, however, the difference in evidence and convincing the jury to rule in their support brought about different rulings being made. The two cases are a show of how violation of contract and the constitutional law may receive justice if properly handled. The two cases were both appealed and in the end Chuy was able to receive victory and justice on his end. Despite the similarities in both cases, they both received different judgments that were however fair. The differences on the other hand bring to light the strengths in the case of Chuy and the weaknesses in the case of Brooks. These differences reveal the reason as to why the jury ruled in favor of Chuy’s case and not in favor of Adrian. The two cases reveal the challenges that soccer players and other athletes may face in their line of work. They also reveal that justice will also come to the rescue of those who are willing to lawfully seek it and determined to be relentless in seeking it. REFERENCES Boote, D. N., &Beile, P. (2005). Scholars before researchers: On the centrality of the dissertation literature review in research preparation. Educational researcher, 34(6), 315. Alfred University (1999). National survey: Initiation rites and athletics for NCAA sports teams. Retrieved October 5, 2006, from http://www.alfred.edu/sports_hazing/executivesummary.html Campo, S., Poulos, G., & Sipple, J. W. (2005). Prevalence and profiling: Hazing among college students and points of intervention. American Journal of Health Behavior, 29(2), 137-149. Crow, B., Ammon, Jr., R., & Phillips, D. R. (2004, March/April). Anti-hazing strategies for coaches and administrators. Strategies, 17(4), 13-15. Read More