preview

Sue Smasher: A Tennis player and Her Contract issue Essay

Decent Essays

Q. Sue Smasher was a promising young tennis player. In July 1991, when she was 16, she entered into the separate agreements, both of which were to run until July 1993. No. 1, with Lew Lobb, a noted tennis coach whereby he undertook to organize her training and decide which tournaments she should play in. In return, Sue agreed to act on Lew’s advice and pay him 20% of her winnings from tournaments. No. 2, with Drive Power Ltd, whereby Sue promised to use their sports equipment in return for Drive Power paying all her travel expenses.
In July 1992, she disobeyed Lew’s instruction to play in the Tournament of the Century in USA where the total prize money was £1.5mil, and returned …show more content…

The minor is bound if the contract as a whole benefit’s the minor, as in Clements v London Northwestern Railway Co. She entered into a contract where Lew Lobb undertook to organize her training and decide which tournaments she should play in, which is not at all detrimental to her but instead is highly beneficial. Secondly, the contract must be as a whole, not harsh or oppressive as in DeFrancesco v Barnum. 20% of her winnings is hardly harsh or oppressive, although this is subjective to different persons’ views. Therefore, she is bound by the contract and should follow Lew Lobb’s advice and go to play in the Tournament of the Century.
Sue’s contract with Drive Power Ltd is a voidable contract as it is a partnership agreement as in Corpe v Overton, as both parties benefit from each others’ actions. She promised to use their sports equipment (this would give them publicity), and Drive Power pays for all her travel expenses. Therefore, as a voidable contract, it is not binding on Sue, and she can cancel it anytime. Drive Power, however, is in breach of contract. Less publicity was not made an issue by Drive Power during the signing of the contract, therefore they cannot use that excuse to not pay her airfare. Drive Power is bound to pay for Sue’s flight.
The contract between Sue and Hit Firm plc is a valid and binding

Get Access