A teenage worker in a fast food hamburger store was operating the french-fry machine

| December 20, 2015

Question 4.4.(TCO A, D, E) Drew Big-Mouth is a player agent for NFL players. He is known for his aggressive recruitment of clients. Roger Runner is a graduate student at a Florida University who is anxious to break into the player agent business. Unbeknownst to Drew, Roger begins to recruit clients for Drew hoping that Drew will pay him a finder’s fee or perhaps even hire him. When Roger does land two clients, Drew at first refuses to pay for the referral, but then seeing $ signs in his future and orally agrees to pay Roger on a sliding scale–$10,000 for 1st round signee, $5000 for 2nd round and so forth down to $500 for an undrafted free agent. This proves lucrative to both.

Roger’s recruiting raises ethical issues that NFL Players Association starts investigating. Drew ever protective of his franchise immediately cuts all ties with Roger. Roger in an effort to get back in Drew’s good graces recruits a n sophomore QB from State University who is considered the #1 Pro Prospect in the country, giving him a $20,000 advance against future earnings in violation of collegiate amateur rules. Jill Snoop, an enterprising reporter, learns of the deal and sells the story to Deadspin.com. The resulting fervor leads to the QB being declared ineligible, State University being disqualified from the College Playoffs and having to forfeit all games the QB has played in since accepting the $20,000 from Roger. Thereafter Drew does sign QB to an exclusive agency to represent QB in his NFL contract negotiations and all endorsement deals.

State University sues Drew and Roger for tortious interference with business relationships and demands $50 million in compensatory and punitive damages. Roger in turn sues Drew contending he is an agent of Drew’s and is entitled to compensation for his recruitment of QB.

  1. (10 points) Pursuant to the informal agreement between Drew and Roger, is Roger entitled to compensation for the signing of QB? What argument will Roger make? How will Drew counter Roger’s argument?
  2. (10 points) Is Roger considered an agent of Drew for purposes of the tortious interference lawsuit or does Drew’s cutting of ties with Roger remove him from all responsibility for the actions of Roger?
  3. (10 points) Using Consequential Theories of Ethical Thought, determine whether or not actions of Drew and Roger can be considered ethical in light of what has transpired.

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