Deck 8: The Law of Agency and Athlete Agents

Question 1

The Uniform Athlete Agents Act (UAAA) mandates four basic requirements. Which answer lists those requirements:

A) Registration, Disclosure, Notification, and Penalties/Remedies.
B) Registration, Disclosure, Fiduciary Duties, and Penalties/Remedies.
C) Registration, Continuing Education, Disclosure, and Penalties/Remedies.
D) All of the above are requirements of the law.

Answer 1

B

Question 2

A fiduciary is defined as someone who does which of the following?

A) Relies on the expertise of another
B) Provides advice to anther
C) Acts primarily for the benefit of another
D) Represents themselves during contract negotiations
E) None of the above

Answer 2

C

Question 3

In the Jones v. Archibald focus case, All-Pro represented Nate Archibald (a professional athlete) in contract negotiations and financial management. Plaintiff Jones contacted Nate Archibald to make a one-day appearance at Jones' boys' camp and was told by Archibald to contact his agent, All-Pro. All-Pro informed plaintiff that Archibald would appear at the camp on August 15, 1973. On August 9, Archibald notified All-Pro that circumstances prevented him from making the appearance. What type of agency is represented in the above scenario?

A) Partially disclosed
B) Undisclosed
C) Disclosed
D) None of the above
E) All of the above

Answer 3

C

Question 4

Clark Advertising Agency (Clark) sued the American Hot Rod Association (AHRA) and its president, James Tice, for payment under a contract for advertising and promotional services. The parties had a previous written contract for advertising services for the 1971 Winter Nationals Race in Phoenix, Arizona, but proceeded under an oral contract for the race in question in West Palm Beach, Florida. Clark and Tice held initial talks regarding expenditures and fees, and they decided that such fees were to approximate those under the prior agreement in Phoenix. Further discussions regarding an increase in fees and costs were held between Clark and two other AHRA officers, the vice president (Ballah) and comptroller (Harkins), however. When Clark presented a total bill under the oral contract seeking the increased fees and costs discussed with Ballah and Harkins, AHRA refused payment and Clark sued. AHRA contended that Ballah and Harkins did not have any authority to bind AHRA during negotiations with Clark. Which of the following is an accurate statement of the court's holding in this matter?

A) Ballah and Harkins had express authority to negotiate this agreement.
B) Ballah and Harkins had apparent authority to negotiate this agreement.
C) Ballah and Harkins had implied authority to negotiate this agreement.
D) Ballah and Harkins had plausible authority to negotiate this agreement.
E) Ballah and Harkins had no authority to negotiate this agreement.

Question 5

Which of the following describes the Uniform Athlete Agent Act?

A) It is a state law.
B) It is a federal law.
C) It is a model law proposed to the states for adoption.
D) It is a model law adopted by the federal government.
E) It is a model law adopted by the players associations.

Question 6

The duties owed by an agent to their principal in an agency relationship include which of the following?

A) Duty of protection and duty of cooperation
B) Duty of loyalty and duty of performance
C) Duty of obedience and duty of compensation
D) Duty of reimbursement and duty of accounting
E) Duty of safety and duty of skill

Question 7

A relationship between two parties in which one party agrees to act as representative of the other party is known as which of the following?

A) An employer/independent contractor relationship
B) An employee/independent contractor relationship
C) A principal/agent relationship
D) A partner/agent relationship
E) A joint venture relationship

Question 8

Which of the following groups regulate sports agents?

A) States.
B) The federal government.
C) Players Associations, such as the NFLPA, NHLPA, MLBPA, and NBPA.
D) The National Collegiate Athletic Association.
E) All of the above.
F) A and B only.

Question 9

An agency relationship can be established by formal written agreements, but not by informal oral agreements.

Question 10

Ratification may create an agency relationship where one did not originally exist. It occurs when the agent did not in fact have authority to act on behalf of the principal, but the principal accepts or ratifies the agent's act after the act was done.

Question 11

The Uniform Athlete Agents Act (UAAA) permits a college or university to file a civil lawsuit for damages against an agent who violates the UAAA.

Question 12

Players unions are only legally able to certify agents in order to protect their members from financial fraud and incompetence in marketing their name and likeness.

Question 13

All 50 states have adopted the Uniform Athlete Agent Act (UAAA) as their state law regulating athlete agents' behavior in their states.

Question 14

The UAAA requires an agent to register in every state that they have sufficient contacts. The agency contract must have language stating that the agent is registered and list all states in which they are registered.

Question 15

Please discuss the duties that an agent owes a principal in accordance with agency law.

Question 16

Please discuss the duties that a principal owes an agent in accordance with agency law.

Question 17

Explain the difference between express, implied, and apparent authority.

Question 18

Discuss and explain the significance of the lessons learned from the Sims and Detroit Lions v. Argovitz case.