Redress for a No-Win Situation: Using Liquidated Damages in Comparable Coaches' Contracts to Assess a School's Economic Damage from the Loss of a Successful Coach

32 Pages Posted: 14 Jan 2013

Date Written: January 14, 2013

Abstract

This essay addresses the difficulty of proving the financial harm that results when a head coach departs a college or university during the contract term and the institution thereby abruptly loses a valuable asset — a successful and stable athletic program. Due to the unique and specialized nature of head coaches’ services and the industry in which they work, ordinary measures for assessing damages based on substitute performance and transaction costs are insufficient. This essay offers a theory of measuring a university’s damages within the construct of a lost-income-producing-asset valuation, using a methodology based on liquidated damages amounts in comparable coaches’ contracts.

Keywords: coaches' contracts, measuring university's damages

Suggested Citation

Karcher, Richard T., Redress for a No-Win Situation: Using Liquidated Damages in Comparable Coaches' Contracts to Assess a School's Economic Damage from the Loss of a Successful Coach (January 14, 2013). South Carolina Law Review, Vol. 64, No. 2, 2012, Available at SSRN: https://ssrn.com/abstract=2200659

Richard T. Karcher (Contact Author)

Eastern Michigan University ( email )

318 Porter Building
Ypsilanti, MI 48197
United States
(734) 487-9134 (Phone)

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