Basketball Star May Have His Day In Court In Breach Of Contract Suit
Utah groomed hoops star Jimmer Fredette is poised to face one of the toughest defenses of his career, but it won’t come in the form of a man-to-man or a zone. Fredette’s current battle involves a bitter dispute with a company that approached him to endorse their products. While such deals are commonplace in the world of professional sports, Fredette’s arrangement with Utah-based apparel company Black Clover soured quickly.
Breach of contract
The central claim in Fredette’s suit is breach of contract, an allegation in business disputes based upon one party’s failure to live up to their terms of the agreement. To prove breach of contract in Utah requires establishing:
- The creation of a contract between two or more parties
- Performance of obligations under the contract, or excuse from performance, by the party alleging breach
- Lack of performance by the other party
- The existence of damages, which resulted from the breach
Failure to perform
Fredette maintains he performed his duties under the contract by wearing Black Clover’s apparel at media events, signing merchandise and making personal appearances. Despite this, he alleges that Black Clover never paid him revenues due under the contract, which included annual payments of $50,000 in addition to royalties of up to 10 percent of the company’s revenue on the products Fredette endorsed. In fact, Fredette claims he was never paid at all, while Black Clover persisted in using his name and image to sell their wares.
Representation is key to success
Frustration in breach of contract cases such as Fredette’s often runs high, with individuals viewing lack of performance by contracting parties as a personal affront or injustice. Often, businesses’ entire futures ride on the outcome of such disputes. As in any important business litigation, the key to success is frequently effective legal counsel that can conclusively prove the necessary elements of breach of contract.
If you are involved in a contractual relationship gone awry, secure the team of tough Utah business lawyers at Jeffs & Jeffs, P.C. to ensure you receive what is due to you under the agreement.