The Civil Law Consequences of Corruption Under South African Law

The case for specific performance as remedy for breach of athletes' contracts

“…What made the contract unique as opposed to merely one of employment, according to Foxcroft J, was the fact that it made provision for a "signing-on" fee and that the job description of the professional coach included the fact that the employer-club had no right to prescribe to the coach how to do his job. Naudé 24 reiterates this characteristic identified by Foxcroft J, by stating that interference by the club in the execution of the professional coach's duties would have led to breach of contract by the club. It is evident that the working relationship did not imply one in which the employee was subordinate to the employer.…”

The case for specific performance as remedy for breach of athletes' contracts

“…Naudé states that the fact that the professional coach in Santos had contracted on equal terms with the club's representatives, and was consequently able to demand a large sum of money for his services, was another sui generis characteristic of the contract in question. 29 The coach possessed increased bargaining power, based on the fact that he was a "highly successful and respected coach". 30 There was therefore not a situation where the "employee" was presented with a unilateral contract favouring the employer's interest.…”

“…This characteristic would be even more substantial if the party in breach of contract (if such breach were to occur) was very difficult to replace because of the possession of certain "special skills". 32 Something that must also be kept in mind, according to Naudé, is that the loss of a professional player or coach may even affect the interests of potential sponsors and fans. Once again, damages caused by such loss will be near impossible to calculate.…”