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Business Law 12th Edition by Roger LeRoy Miller ,Frank Cross
Edition 12ISBN: 978-1111530594Business Law 12th Edition by Roger LeRoy Miller ,Frank Cross
Edition 12ISBN: 978-1111530594 Exercise 10
CASE PROBLEM WITH SAMPLE ANSWER: Intended versus Incidental Beneficiaries.
The National Collegiate Athletic Association (NCAA) regulates intercollegiate amateur athletics among the more than 1,200 colleges and universities with whom it contracts. Among other things, the NCAA maintains rules of eligibility for student participation in intercollegiate athletic events. Jeremy Bloom, a high school football and track star, was recruited to play football at the University of Colorado (CU). Before enrolling, he competed in Olympic and professional World Cup skiing events, becoming the World Cup champion in freestyle moguls. During the Olympics, Bloom appeared on MTV and was offered other paid entertainment opportunities, including a chance to host a show on Nickelodeon. Bloom was also paid to endorse certain ski equipment and contracted to model clothing for Tommy Hilfiger. On Bloom's behalf, CU asked the NCAA to waive its rules restricting student-athlete endorsement and media activities. The NCAA refused, and Bloom quit the activities to play football for CU. He filed a suit in a Colorado state court against the NCAA, however, asserting breach of contract on the ground that its rules permitted these activities if they were needed to support a professional athletic career. The NCAA responded that Bloom did not have standing to pursue this claim. What contract has allegedly been breached in this case? Is Bloom a party to this contract? If not, is he a third party beneficiary of it, and if so, is his status intended or incidental? Explain. [ Bloom v. National Collegiate Athletic Association, 93 P.3d 621 (Colo.App. 2004)]
The National Collegiate Athletic Association (NCAA) regulates intercollegiate amateur athletics among the more than 1,200 colleges and universities with whom it contracts. Among other things, the NCAA maintains rules of eligibility for student participation in intercollegiate athletic events. Jeremy Bloom, a high school football and track star, was recruited to play football at the University of Colorado (CU). Before enrolling, he competed in Olympic and professional World Cup skiing events, becoming the World Cup champion in freestyle moguls. During the Olympics, Bloom appeared on MTV and was offered other paid entertainment opportunities, including a chance to host a show on Nickelodeon. Bloom was also paid to endorse certain ski equipment and contracted to model clothing for Tommy Hilfiger. On Bloom's behalf, CU asked the NCAA to waive its rules restricting student-athlete endorsement and media activities. The NCAA refused, and Bloom quit the activities to play football for CU. He filed a suit in a Colorado state court against the NCAA, however, asserting breach of contract on the ground that its rules permitted these activities if they were needed to support a professional athletic career. The NCAA responded that Bloom did not have standing to pursue this claim. What contract has allegedly been breached in this case? Is Bloom a party to this contract? If not, is he a third party beneficiary of it, and if so, is his status intended or incidental? Explain. [ Bloom v. National Collegiate Athletic Association, 93 P.3d 621 (Colo.App. 2004)]
Explanation
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In the case of Bloom v. National Collegi...
Business Law 12th Edition by Roger LeRoy Miller ,Frank Cross
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