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question
A university fired its head basketball coach after a series of losing seasons. The university contacted a coach who had a strong reputation as a person who cottld "turn around" a program and produce winning teams. The university offered the coach an annual salary of
$250,000 to coach its basketball team, but the coach declined the offer, hoping to find another institution that would pay him a higher salary. Thereafter, a wealthy booster, who was interested in enhancing the university's basketball program, contacted the coach and told him that if he would sign a coaching contract with the university, the booster would pay him $50,000 a year as an unpublished supplement to his salary. Furthermore, the booster promised to contribute $5,000 to the university athletic fund every time the basketball team won a game under the coach's tutelage. The coach thereupon signed a three-year contract as the head basketball coach at the university at an annual salary of $250,000. During the coach's first year as coach, the university basketball team compiled a record of 18 wins and 12 losses. The booster, however, refused to pay anything to either the coach or the university athletic fund. Assume that the agreement between the coach and the booster does not violate any rule of the university or of any intercollegiate athletic association. The university brought suit against the booster to recover 5,000 into the athletic fund for each game won by the basketball team. Is it likely that the university will prevail in this contract action?Plain-text mathematical notation (without MathML)
A university fired its head basketball coach after a series of losing seasons. The university contacted a coach who had a strong reputation as a person who cottld "turn around" a program and produce winning teams. The university offered the coach an annual salary of $250,000 to coach its basketball team, but the coach declined the offer, hoping to find another institution that would pay him a higher salary. Thereafter, a wealthy booster, who was interested in enhancing the university's basketball program, contacted the coach and told him that if he would sign a coaching contract with the university, the booster would pay him $50,000 a year as an unpublished supplement to his salary. Furthermore, the booster promised to contribute $5,000 to the university athletic fund every time the basketball team won a game under the coach's tutelage. The coach thereupon signed a three-year contract as the head basketball coach at the university at an annual salary of $250,000. During the coach's first year as coach, the university basketball team compiled a record of 18 wins and 12 losses. The booster, however, refused to pay anything to either the coach or the university athletic fund. Assume that the agreement between the coach and the booster does not violate any rule of the university or of any intercollegiate athletic association. The university brought suit against the booster to recover 90,000forbreachofhispromisetopay5,000 into the athletic fund for each game won by the basketball team. Is it likely that the university will prevail in this contract action?
Original LaTeX notation
A university fired its head basketball coach after a series of losing seasons. The university contacted a coach who had a strong reputation as a person who cottld "turn around" a program and produce winning teams. The university offered the coach an annual salary of $250,000 to coach its basketball team, but the coach declined the offer, hoping to find another institution that would pay him a higher salary. Thereafter, a wealthy booster, who was interested in enhancing the university's basketball program, contacted the coach and told him that if he would sign a coaching contract with the university, the booster would pay him $50,000 a year as an unpublished supplement to his salary. Furthermore, the booster promised to contribute $5,000 to the university athletic fund every time the basketball team won a game under the coach's tutelage. The coach thereupon signed a three-year contract as the head basketball coach at the university at an annual salary of $250,000. During the coach's first year as coach, the university basketball team compiled a record of 18 wins and 12 losses. The booster, however, refused to pay anything to either the coach or the university athletic fund. Assume that the agreement between the coach and the booster does not violate any rule of the university or of any intercollegiate athletic association. The university brought suit against the booster to recover $90,000 for breach of his promise to pay $5,000 into the athletic fund for each game won by the basketball team. Is it likely that the university will prevail in this contract action?
choices
- Yes, because the university is an intended third-party beneficiary of the contract between the coach and the booster.
- Yes, because the university detrimentally relied on the booster's promise by hiring the coach.
- No, because the booster's promise was, in essence, an illegal form of procurement and void as against public policy.
- No, because the booster's promise was made to the coach rather than to the university and, therefore, was not a charitable subscription.
subject
professional_law
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