The case for specific performance as remedy for breach of athletes' contracts. (2017)

• Record Type: Journal Article
• Authors: Mould, Kenneth; Cornelius, Steve
• Is Part Of: International journal of private law. Volume 8:Number 3/4(2017)
• Page Start: 258
• Page End: 280
• Publication Date: 2017
• Subjects: athletes'contracts -- professional sport -- specific performance -- injunction -- Sui generis -- contractual remedies -- Lumley rule -- South Africa -- USA -- sports contract; Civil law -- Periodicals; 346.005
• Languages: English
• ISSNs: 1753-6235

Abstract

The purpose of this article is to suggest to South African courts that specific performance is the most adequate remedy for breach of athletes' contracts. The current viewpoint of South African courts as to whether specific performance is in fact the most adequate remedy for breach of athletes' contracts, will be compared with that of courts within the federal government system of the USA. The reason for choosing this jurisdiction is twofold: firstly, the USA has a particularly rich history of disputes involving repudiation of athletes' contracts and which remedies courts preferred for this type of breach, and secondly, a number of reputable scholars of US sports law have suggested that US courts should consider ordering affirmative injunctions against repudiating athletes - despite the Lumley rule which is considered the primary indicator of the most adequate remedy for breach of athletes' contracts in US law.