Antitrust/Labor
This is the primary goal of antitrust law in the marketplace.
What is promoting competition and efficiency?
This type of authority is explicitly granted in an agreement.
What is express (actual) authority?
This type of contract is clearly stated verbally or in writing.
What is an express contract?
This type of mark identifies and distinguishes a company’s goods or services.
What is a trademark?
This law makes contracts in restraint of trade illegal.
What is the Sherman Antitrust Act?
This system is used by leagues to allocate new players.
What is a player draft?
This duty requires agents to act solely in the best interest of the principal.
What is the duty of loyalty?
These two elements require that the agreement be lawful and parties be legally able to contract.
What are legality and capacity?
This federal act governs trademarks and protects against infringement.
What is the Lanham Act?
This form of contract protects organizations from liability for injuries.
What is a waiver (or release)?
This exemption protects agreements reached through collective bargaining.
What is the nonstatutory labor exemption?
Under contract liability, if an agent acts within authority, this party is typically liable.
Who is the principal?
This rule prevents using prior oral statements to contradict a written contract.
What is the parol evidence rule?
This issue arises when states create different rules for selling tickets on secondary markets with little consistency.
What is ticket resale regulation?
This clause tied MLB players to one team indefinitely.
What is the reserve clause?
This rule automatically deems certain conduct illegal, like price fixing.
What is the Per Se Rule?
This uniform state law regulates athlete agents and requires disclosure to universities.
What is the Uniform Athlete Agents Act (UAAA)?
This law requires certain contracts, like those involving land, to be in writing.
What is the statute of frauds?
This agreement allows a third party to use a team’s logos, names, or likenesses.
What is licensing?
This type of agreement outlines wages, hours, and working conditions.
What is a collective bargaining agreement?
This act modified baseball’s antitrust exemption and allows players to sue MLB.
What is the Curt Flood Act?
This doctrine allows a principal to be bound even when an agent exceeds authority due to prior behavior.
What is apparent authority (agency by estoppel)?
This type of damages is predetermined in the contract for a breach.
What are liquidated damages?
This doctrine evaluates whether consumers are likely to be confused about a product’s source.
What is trademark infringement?
This type of damages compensates for losses that arise indirectly from a breach but were reasonably foreseeable.
What are consequential damages?