Michael Vick, the professional football player for the Philadelphia Eagles, has been sued for breach of contract by J.O. Sports Company. Under the terms of his contract, Vick was to supply the company with merchandise worn in National Football League games, as well as attend private merchandise signings. In exchange, he was to receive $101,500. The company alleges that he failed to live up to his end of their agreement. However, Vick contends that he terminated the relationship in October of 2011 as a result of the company’s immoral business practices. Can he still be held liable for breach of contract?
Under New York contract law, Vick could perhaps allege an anticipatory breach of contract where as a result of J.O. Sports Company’s immoral practices, he had reason to believe it would not be able to fulfill its end of the agreement. Vick asserts the following:
- Jarrod Oldridge of J.O. Sports was indicted on several charges relating to the company
- Jarrod Oldridge pled guilty to charges of mail fraud relating to the company’s practices
- J.O. Sports was accused of “doctoring jerseys to make them appear game worn to increase the value”
As such, if this claim involved a breach of New York contract, Vick could potentially argue the charges brought against Jarrod Oldridge and J.O. Sports gave him reasonable cause for anticipating the company’s breach of contract. Since New York anticipatory breach of contract claims are heavily fact-specific, an experienced lawyer would evaluate the facts and circumstances surrounding these claims to determine whether anticipatory breach existed.
For more information about breach of contract and other New York business litigation matters, contact a New York breach of contract attorney today at (888) 497-3410.