How would I end a contract for a competitive sports team for my 11 year old?
Full Question:
Answer:
It will be a matter of contract interpretation according to contract law principles. It may be read to apply to only situations of a violation of handbook rules, but it will be a matter of determination for the court, based on all the facts and circumstances involved. For example, if there is a separate clause dealing with cancelling membership and such a restriction isn't similarly contained, it may make it more likely not to apply to a cancellation. The general rules of contract law follow a hierarchy of evidence when determining the terms of a vague or incomplete contract, as follows:
a) The terms stated in the discussions and writings exchanged by the parties that don't contradict the contract terms;
b) Terms implied by the current and past conduct of the parties;
c) Terms implied by industry custom and practice; and
d) Terms implied by applicable law, i.e., damages for breach, liability for negligence, jurisdiction and venue, etc.
In cases of non-compete agreements that are violated, the violator may be stopped by way of injunctive relief and may be subject to money damages. However, a court will also try not to impose unreasonable restraints on the former member. Thus, the court attempts to balance the equities between the two parties. In balancing the respective equities, the court will determine whether there are trade secrets or customer contacts that should be protected.