Once again I come to the Dope with these legal sillinesses…Here we go:
John has a son who is trying to get a baseball scholarship at a good college. He negotiates a representation agreement with Bill who is known for his contacts within the collegiate athletic ranks.
John is hesitant and Bill really wants the gig. Bill calls up Willie Mays and tells Willie about the boy, and Willie agrees (whether fully, partially, he was drunk, whatever) that he will recommend the boy get a scholarship from these universities.
Bill goes back to John and tells him that he has Willie Mays on board, and if you sign with me, Willie Mays will tell the colleges that the boy should get a scholarship.
John jumps at the chance and signs an agreement with Bill. However, it is Bill’s standard boilerplate that says nothing about Willie Mays.
Several months pass and Willie Mays either sobers up or takes a second look and not only does not recommend the boy, but he tells the colleges not to give the boy a scholarship.
John is mad saying that Bill promise that Mays would endorse his son. Bill says that he is very sorry (and assume Bill acted in good faith) but that he has no control over what Willie Mays does.
Has Bill breached his contract with John?