Towards a unanimous global remedy for breach of athlete contracts: A comparative analysis

Authors Kenneth Mould

ISSN: 1996-2185
Affiliations: Senior Lecturer in Law of Contract in the Department of Private Law, University of the Free State
Source: South African Mercantile Law Journal, Volume 29 Issue 2, 2017, p. 270 – 304


The problem of the repudiation of professional athlete-contracts is significant not only in South Africa, but globally. One need only daily media reports to confirm that while academics have raised the issue of the repudiation of athlete-contracts, the problem persists and is increasing. One of the primary reasons for this is that there is little or no unanimity among jurisdictions across the world as to not only the most suitable, but, more importantly, the most effective remedy for a breach of athlete-contract. This article aims to address this ongoing problem from a fresh perspective by analysing the approaches taken by different jurisdictions to the most suitable remedy for breach of this type of contract, in order finally to suggest the most effective single remedy that is most likely to limit or reduce the prevalence of repudiation of an athlete-contract not only in South Africa, but globally.