Abstract
This study focuses on identifying the appropriate penalty provisions to be incorporated into sports contracts to adequately safeguard against the adverse consequences of their repudiation. Within the sporting context, both foreign and domestic courts have imposed varying remedies when sports contracts have been repudiated and there appears to be a trend towards awarding primary remedies for repudiated sports contracts. This has contributed to a great deal of uncertainty pertaining to the most appropriate remedy to impose in a field wherein repudiation of contracts has become a seasonal, if not daily, occurrence. To this end, this study will consider which penalty provisions are the most appropriate to include in the drafting process of sports contracts to mitigate the number of sports contracts which are repudiated.
Keywords: Sports contracts; Repudiation, Penalty Clauses; Remedies for Breach of Contract.