Soccer (Football) Contracts: An Introduction to Player Contracts (Clubs & Agents) and Contract Law: Volume 2

Table of Contents

INTRODUCTION

CHAPTER 1: How Contracts are Created under the Law

Creating Contracts

1.1. The Requirements for a Legally Binding Contract

1.1.1. What is an Offer?

1.1.2. What is Acceptance?

1.1.3. What is Consideration?

21.1.4. Intention to Create Legal Relations

1.1.4.1. Commercial arrangements

1.1.4.2. Social and Family Arrangements

1.1.5. Capacity

1.1.5.1. The Capacity of Natural Persons

1.1.5.2. The Capacity of Corporations

CHAPTER 2: Creating a Valid Contract

2. Agents and the Law

2.1. The Creation of the Agency Relationship

2.2. Express Authority

2.2.1. Express Authority from Words Spoken

2.2.2. Express Authority from Written Words

2.3. Implied Consent

2.4. Ratification

2.5. Duties Owed By The Agent to a Client (Player or Club)

2.5.1. Ban on Sub-Delegating

2.5.2. To Avoid a Conflict of Interest

2.5.3. Duty of Confidentiality

2.5.4. Duty of Disclosure

2.5.5. Duty to Act with Reasonable Care and Skill

2.6. Duties Owed By a Player / Club to the Agent

2.6.1. The Duty to Pay the Agent for his Services

2.6.2. Duty of Disclosure.

2.6.3. The Impact between an Agent and a Third Party

CHAPTER 3: Contract Options: Standardised or Customised

3. Contract Options

3.1. Contract Templates (Clubs / Leagues / Associations)

3.2. Customised Contracts

3.3. Using A Template Contract with Additional Terms

3.4. Freedoms and Restrictions relating to Contract

3.4.1. Doctrine of Freedom to Contract

3.4.2. Freedoms

3.4.3. Restrictions & Obligations

3.5. Structuring Contracts in Football / Soccer

3.5.1. Player – Club Contract Structures

3.5.2. Example of Types of Terms Used When Structuring   Contracts

Types of Terms When Structuring Contracts 

Appearance Related Terms

Loyalty Payments

Different Scenarios Where The Above Terms May Be Used

3.6. Two Different Scenarios to Highlight How Performance-Based   Terms May be Used

3.7. Other Types of Terms and Commercial Opportunities for    Players

CONCLUSION

Activity Answers

Appendix: Special Bonus

Glossary (Law Dictionary)

Bibliography

Useful Resouces

End Notes

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INTRODUCTION

Central to the work carried out by soccer agents is the role of representing players and / or clubs during contract negotiations (employment contracts and transfer agreements).

Therefore, learning about the legal landscape relating to the formation of a legally binding contract, the different contractual terms, and the remedies available for a breach of contract, amongst other areas, shall increase an agent’s level of knowledge about contracts and the role they play in the football industry. These topics are covered in Chapter 1.

In addition, agents are recognised in law as a distinct group that are bound by certain rules that must be respected when representing a client as their agent. Learning about the law of agency shall therefore also be beneficial. In Chapter 2, we discuss this topic.