John Tonelli was an exceptionally talented young hockey player who, in 1973 at the age of 16,

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John Tonelli was an exceptionally talented young hockey player who, in 1973 at the age of 16, entered into a two-year contract with the Toronto Marlboro Major Junior “A” hockey club, a team in the Ontario Major Junior “A” Hockey League. The Junior league had an agreement with the NHL (National Hockey League) that prevented the drafting of underage players, and that called for the payment of certain fees once a player was drafted at the end of his junior career. However, a similar agreement could not be reached with the WHA (World Hockey Association) John—like all other Junior hockey players of his time—was forced to sign a new contract as a condition of continuing to play in the Junior league. This new contract essentially bound him to play three years longer than his earlier contract with the Toronto Marlboros; in addition, it imposed monetary penalties if he signed with a professional team within that time frame, or within a period of three years after he ceased to be eligible to play in the Junior league. As soon as he turned 18 (the age of majority), John abandoned the contract with the Toronto Marlboros and signed with the Houston Aeros, a professional team. The Marlboros sued him for breach of contract.49 Is John’s contract enforceable against him? If yes, does this seem fair, and from whose point of view? If no, is it fair that John can sign a contract and then ignore his obligations under it?
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Canadian Business & the Law

ISBN: 978-0176501624

4th edition

Authors: Dorothy DuPlessis, Shannnon o'Byrne, Steven Enman, Sally Gunz

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