BSLW6604 Lecture Notes - Lecture 8: National Football League Players Association, Estoppel
8 Jun 2018
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1. Agency Law
a. Definition
i. Law that governs the relationship between a middleman and the principal
ii. Two main areas of law
1. Law of Agency
2. Contract Law
iii. Three main legal cases
1. Prerequisites to becoming an agent and the duties and responsibilities of
agents
2. Pertinent regulations that govern an agent’s eligibility and conduct
3. Abuses that have been perpetuated by unscrupulous unqualified or
careless agents
b. Types
i. Express Agency
1. Agent is specifically appointed by the principal
2. Often done by written contract (SRA)
ii. Ratification of agent
1. If an agent enters into a deal with a seller and the principal accepts the
deal
iii. Implied agency
1. Assumed the agent represents the principal (genuinely by the buyer)
2. Principal made representation that agent represents him/her
3. Buyer must have relied upon the agent’s assertions
4. Estoppel may be enforced…
2. Player Representation
a. Player’s Associations
i. Function
1. Has the right to negotiate contracts on an individual basis but typically
designates the rights to agents
2. Controls the certification process of agents
3. Work with players on grievances
4. Provides licensing rights for trading cards and other products that bear
the likenesses of players
ii. Standard Player Contract
1. Gives everyone the same rights
2. Negotiated during the CBA and government by the CBA
a. Renegotiation: allowable under all CBAs except NBA
3. Performance and award bonus clauses are frequent issues for individual
negotiations
iii. MLBPA
1. App fee of $2000
2. Submit Agency’s Representation Agreement
3. Complete background investigation
4. Pass written examination
iv. NBPA
1. Four year degree
2. Background investigation
3. Pass written examination
4. App fee of $100 and dues of $1250/year
v. NHLPA
1. Attend seminars
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