ESSAY #2 (ONE HOUR) Rickie Wооds Pаlmer (knоwn to golf fаns everywhere аs “Rickie the Ringer” or RWP), age 17, and a junior at Indio High School, is projected by many to become the greatest golfer ever. At the age of 17, every university with a nationally ranked golf program has attempted to recruit RWP, to no avail. In order to get a head start on his financial future, RWP enters into negotiations with Sky High Sports (“Sky-High”), a company that claims to specialize in athletic apparel, including sneakers, shorts, socks, and shirts. In its promotional materials, Sky-High claims to be “bigger than Nike is, ever was, or ever will be” (in reality, Sky-High was just incorporated a few days before it approached RWP, and it had sold no shoes or other apparel). Impressed by this seemingly big corporation, RWP and his father, Arnold Nicklaus Woods, a one-time PGA tour player (having played for only one month in the PGA due to a career ending shoulder injury), entered into extensive negotiations with Sky-High. During the negotiations, Sky-High placed its best foot forward. Sky-High told RWP that some of the greatest golfers of all-time had been Sky-High clients (in fact, Sky-High had no such clients), and that it planned to immediately invest $10 million into a promotional campaign for RWP (Sky-High did not have that money). In addition, Sky-High told RWP that in the course of their “due diligence,” they had discovered where his girlfriend and her family lived, and if RWP left without signing the contract, they couldn’t “guarantee her safety,” and they “wouldn’t want to see anything tragic happen to her.” His father then chimed in and said, “Son, if you don’t sign the contract and get this money for me, I will have no choice but to divorce your mother and put her in the street.” At that point, Derrick Strongarm, CEO of Sky-High, placed a pen in RWP’s hand, and placed a contract in front of him. RWP signed the contract. Among other things, the contract called for Sky-High to receive “75% of RWP’s golf and endorsement earnings for life,” and should RWP ever seek to “avoid the contract for any reason,” the contract stated that he is “prohibited from playing golf for anyone, anywhere, and at any time.” 1. On his 18th birthday, RWP is offered a $100 million deal by Nike. What legal theories can RWP assert to avoid the Sky-High contract? Assume that common law applies. 2. Assume that RWP successfully avoids the contract. If Sky-High attempts to enjoin RWP “from playing golf for anyone, anywhere, and at any time,” who will prevail and why?
10. Aаrоn is а mоtоrcycle enthusiаst who is always looking out for a good deal on a new bike. Ben owns a highly-coveted Harley brand motorcycle that he decides to sell. Ben posts an advertisement in a local bike shop stating, “I am thinking about selling my used Harley bike. Anyone willing to pay $5,000 for it?” Ben’s ad contained his address and telephone number. Aaron read Ben’s ad and left Ben a voicemail message that says, “Hello, this is Aaron. I just saw your ad in the bike shop. Yes, $5,000 is a good price for your bike that I am willing to pay. I am mailing my check to you today.” Has an offer been made?