Question 1

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

Accepted Answer

The four basic requirements mandated by the Uniform Athlete Agents Act (UAAA) are registration, disclosure, fiduciary duties, and penalties/remedies. Continuing education is not a requirement, and notification is included in the disclosure requirement.

Question 2

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

Accepted Answer

A fiduciary is someone who is legally obligated to act primarily for the benefit of another, typically in financial or legal matters. This can include financial advisors, attorneys, and trustees, among others. A fiduciary is held to a high standard of care and must put their client's interests above their own. The other answer choices do not accurately describe a fiduciary.

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?

Accepted Answer

The scenario represents a disclosed agency, as the plaintiff was informed to contact Archibald's agent, All-Pro. All-Pro then acted on behalf of Archibald by negotiating the contract and making arrangements for the appearance.

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?

Accepted Answer

The court held that Ballah and Harkins had apparent authority to negotiate the agreement with Clark. Apparent authority arises when a principal creates the appearance of authority in another to a third party, who reasonably relies on that appearance of authority. Here, Clark reasonably relied on Ballah and Harkin's apparent authority to negotiate an increase in fees and costs. The court emphasized that Clark had no reason to believe that Ballah and Harkins lacked authority and that AHRA failed to limit their authority or take any steps to notify Clark of its limited authority.

Question 5

Which of the following describes the Uniform Athlete Agent Act?

Accepted Answer

The Uniform Athlete Agent Act (UAAA) is a model law proposed to states for adoption. It provides a framework for regulating athlete agents and outlines requirements for their registration, conduct, and interactions with student-athletes. Each state can choose whether or not to adopt the UAAA and can make modifications to the language to fit their specific needs.

Question 6

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

Accepted Answer

The duties owed by an agent to their principal in an agency relationship include the duty of loyalty, which means that the agent must act in the best interest of the principal and avoid any conflicts of interest. The duty of performance means that the agent must carry out the duties assigned by the principal with reasonable care and skill. Other duties may include the duty of obedience, duty of accounting, duty of reimbursement, and duty of protection, but these are not as fundamental as the duty of loyalty and duty of performance. The duty of compensation and duty of safety are not typically obligations of the agent in an agency relationship.

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?

Accepted Answer

A principal/agent relationship is the formal relationship between two parties in which one party, known as the principal, agrees to act as the representative of the other party, known as the agent. The principal authorizes the agent to act on its behalf and the agent assumes certain responsibilities and duties to act in the best interest of the principal.

Question 8

Which of the following groups regulate sports agents?

Accepted Answer

Sports agents are regulated by a combination of entities including states, the federal government, players associations (such as the NFLPA, NHLPA, MLBPA, and NBPA), and the National Collegiate Athletic Association (NCAA). Each of these groups has its own set of rules and regulations that agents must follow to represent athletes in their respective sports and levels of competition.

Question 9

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

Accepted Answer

An agency relationship can be established by both formal written agreements and informal oral agreements. However, it is typically recommended to establish the relationship in writing to avoid misunderstandings and conflicts in the future.

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.

Accepted Answer

Ratification is when the principal accepts or approves an agent's act, even if the agent did not initially have authority to act on behalf of the principal. This acceptance creates an agency relationship where one did not previously exist.

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.

Accepted Answer

The UAAA allows colleges and universities to bring a civil action against an agent who violates the act and seek damages.

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.

Accepted Answer

Players unions do certify agents to ensure they meet certain standards and protect their members, but the certification process is not the only legal means to protect athletes from financial fraud and incompetence. Other legal mechanisms, such as state and federal laws, also play a role in protecting athletes.

Question 13

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

Accepted Answer

As of my last update, not all 50 states have adopted the Uniform Athlete Agent Act (UAAA); while many states have adopted versions of it or similar regulations, there isn't universal adoption across all 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.

Accepted Answer

This is correct as per the requirements of the UAAA. Agents must register in each state where they have sufficient contacts, and the agency contract must reflect this by listing all states in which the agent is registered.

Question 15

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

Accepted Answer

The answer of Please discuss the duties that an agent...

Question 16

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

Accepted Answer

The answer of Please discuss the duties that a principal...

Question 17

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

Accepted Answer

The answer of Explain the difference between express, implied, and...

Question 18

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

Accepted Answer

The answer of Discuss and explain the significance of the...

Quiz 8: The Law of Agency and Athlete Agents