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Marketing Law and Contracts

Assignment: Contracts Offer & Acceptance

MKT3014-O 01

Full Sail University: Sports Marketing and Media

Tyla Alcones

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1. Who are the parties to the case? Who is the plaintiff, who is the defendant?

The parties in the case are the Los Angeles Rams Football club vs. Billy Cannon. The plaintiff in this case is the Los Angeles Rams Football and defendant is football halfback, Billy Cannon.

2. What is the issue in this case?

The issue outlined in this case is a breach of contract; that All-American halfback Billy Cannon from Louisiana State University had signed a contract with the Los Angeles Rams but a few weeks later Cannon signed a contract with the Houston Oilers however, the contract was not approved and signed by the NFL commissioner.

3. What are the points the judge must consider in determining the existence of a contract in this particular case?

In the case document; plaintiff Los Angeles Rams Football Club vs. defendant Billy Cannon. Three contracts where drafted and signed. However, the judge needs to consider the fact that the contract outlined and signed by the National Football League (NFL) commissioner had only signed and approved the one of the three contracts. The document states that the agreement will become valid and binding upon each party only when, as and if it shall be approved by the Commissioner. Therefore, with the words “shall become valid” clearly brings forward the conclusion of the contracts that in the absence of being approved the contracts are therefore the contracts provided and signed by the plaintiff and defendant are not yet a valid agreement and would only become valid and binding if and when it was approved by the National Football League (NFL) commissioner.

4. What did the judge determine regarding the signature of the Commissioner?

The judge came to the determination that without the approved signatures from the NFL commissioner that the documents provided by the plaintiff were at most only considered as offers and not a binding contract between the plaintiff and the defendant.

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5. Why is the decision regarding the Commissioner’s signature important?

The decision regarding the commissioner signature is important as he is the final individual to make the contract binding and lawful.

6. Why is the “meeting of the minds” important?

The meeting of the minds is important to determine if there was a manifestation of mutual assent regarding the conversations and circumstances proceeding to the signing of the contract forms. The meeting is also important as to determine if the meeting ever took place between the respected parties in regards to the offer by the Los Angeles Rams.

7. Does the judge determine a contract is formed?

The judge comes to determination that there was in fact no valid written contract or contracts binding upon the plaintiff and the defendant and that there is no basis which can be considered. The judge also makes it clear that he has made no findings of the issue brought by the plaintiff and that the defendant has not committed fraud and deceit.

8. What does this case illustrate about the importance of specific language in a contract regarding intent of the parties?

Language in this contract is important as it determines whether or not the contract is truly binding in the eyes of the law. The intent of the contract is to have Cannon represent and play for the Los Angeles Rams however, the language of the contract states a signature is needed by the NFL commissioner and without the signature of the commissioner the language of the contracts remains an offer.

9. What does this case illustrate about the importance of having a proper valid offer & acceptance?

The importance of the language in regard of having a formally and proper outlined contract is important to understand the bylaws of the contract without the correct language this case could have been avoided.