Download Contract Law: Case Study on Professional Basketball Players' Contracts and more Exams Contract Law in PDF only on Docsity! EXAM#____________ Chuang: Contracts II, Final, SP 12 Page 19 of 20 Part II: Essay (45 points total) Recommended Time: 2 hours NOTE: You must answer all three (3) questions to be eligible for full credit. This examination is intended to test only material covered in the spring semester. Do not waste time discussing matters covered exclusively in the fall semester, such as offer, acceptance, the statute of frauds, and parol evidence. Do not discuss matters we have not addressed. THESE FACTS PERTAIN TO ALL QUESTIONS: Al and Chad are basketball players under contract to play the 2011-2012 season with the New York Knicks, a professional basketball team located in New York City. The Knicks are part of the National Basketball Association (NBA). In July 2011, due to disagreements between the players and team owners over revenue, the NBA canceled all games in the 2011-2012 season, pending resolution of the dispute. Al and Chad each dealt with the cancellation differently. THESE FACTS PERTAIN TO QUESTION 1 ONLY: Al is twenty years old and did not finish high school. He reads at a fifth grade level. Al is only a rookie and so makes very little money. The Dayton Dragons, a minor league team located in Dayton, Ohio, offers Al $50,000 to play the season with them. Al is extremely eager to take the offer, but asks about the condition of the Dragons’ facilities. The owner replies: “Don’t worry Al, our facilities will amaze you!” The owner hands Al a 20-page agreement, which includes the following clause: “Under no circumstances will the Dragons be liable to Al for damages related to personal injury, including any injury caused by the Dragons’ negligence.” The clause is on the last page of the agreement in bold type and all caps. Al starts reading the agreement, but the owner interrupts him and says: “Look, we don’t have all day. If you don’t want to play for us, there are plenty of others that will.” Al quickly signs the agreement, and is paid $50,000. Turns out, the Dragons play in an old, drafty high school gym that is poorly maintained and is open to the public. In his first game, Al trips over a loose floorboard and breaks his knee. Because of his injury, Al cannot play the rest of the 2011-2012 season, and his doctor estimates that he will be unable to play for the next two seasons. Al sues the Dragons in Ohio state court. QUESTION 1: Assume that the Dragons are found liable for negligence. Is the limitation of liability provision enforceable? Cont’d on next page
