Take Me Out of the Ballgame, Take Me Out to the Free Market: An Analysis of Midterm Contract Renegotiation in Major League Baseball

Authors

• Aaron Bretter, Benjamin N. Cardozo School of Law

Abstract

The note argues that mid-term contract renegotiations in Major League Baseball (MLB) should be permitted under specific legal doctrines, such as efficient breach, changed circumstances, and duress. It advocates for a more dynamic and equitable system where player compensation aligns with current performance, balancing fairness for players and practical considerations for teams. While the theory of efficient breach is intriguing, the doctrine of changed circumstances is posited as the most viable legal remedy for renegotiation, particularly when a player's performance significantly exceeds initial expectations.

Disciplines

Comparative and Foreign Law | Dispute Resolution and Arbitration | Entertainment, Arts, and Sports Law | International Law | Labor and Employment Law | Law

Recommended Citation

Aaron Bretter, Take Me Out of the Ballgame, Take Me Out to the Free Market: An Analysis of Midterm Contract Renegotiation in Major League Baseball, 1 Cardozo Int’l & Compar. L. Rev. 499 (2018).
Available at: https://larc.cardozo.yu.edu/ciclr/vol1/iss3/5