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NFL free agent alleges breach of contract against Nike

On Behalf of | Nov 29, 2022 | Contract Disputes

Celebrity lawsuits are always interesting as they often involve damages in the millions that we can only dream of. Football fans of Odell Beckham Jr. may be interested to learn that the NFL free agent is embroiled in a lawsuit with the sportswear company Nike, claiming that Nike breached a contract to the tune of $20 million.

Odell Beckham Jr. sues Nike

Odell Beckham Jr. is suing Nike for over $20 million alleging breach of contract.

Nike claims that Beckham did not bear the Nike logo on his attire during several NFL games in violation of their contract. Beckham claimed this was a fabricated ploy that Nike made up to get out of the contract. Beckham also states that Nike changed an automatic extension of the deal unbeknownst to him to avoid paying him royalties.

Elements of a breach of contract claim

Time will tell how this lawsuit will play out. Still, it is a good example of how complex breach of contract lawsuits can be.

If you are suing for breach of contract, you must first establish that a legally binding contract exists. A contract must contain the following four elements.

First there must be an offer to either do or not do something specific in the future. The offer cannot be for an action or a refrain from action that has already occurred.

Second there must be an exchange of consideration. This means that you promise to exchange something of value with the other party for their action or inaction. Consideration cannot be a gift as that is a one-sided exchange.

Third there must be acceptance. This means the other party must unambiguously accept your offer either orally, in writing or by performing their end of the bargain.

The acceptance must reflect the same terms and conditions of the offer. If it does not, this is a rejection of the offer. If the acceptance adds conditions to the offer or otherwise changes the terms of the offer, this is a counteroffer.

Fourth there must be a “meeting of the minds” between you and the other party. This means you both understand the general purpose and language of the agreement and you agree to follow them.

Contracts can sometimes be very simple, while other times they can be very complex. If you want to be compensated for breach of contract you will want to learn more about how such lawsuits progress.

 

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