The Legality of Oral Promises by NBA GMs to Potential NBA Draft Picks

There’s an interesting post on the Sports Law Blog about the apparently standard practice of a team’s General Manager promising a draft-eligible player that if he is still on the board when the team selects, the team will draft him.  Jeff Clark of Celtics Blog raised these questions about the practice:

Whatkind of agreement is in place here? Is it considered an oral contract?What are the ramifications of backing out? I believe the Celtics askedOrien Greene if they could back out of their promise last year whenthey saw that Amir Johnson was still on the board.

Sports Law Blogger Michael McCann adds the following:

And let’s try this hypo: Celtics GM Danny Ainge promises point guard Marcus Williamsthat if he is still on the board at #7 (when the Celtics pick), Aingewill take him. But on draft night, something strange happens: powerforward LaMarcus Aldridge–who,as I note above, is projected by most draft experts to be a top threepick–is still on the board at #7. And Ainge decides to take Aldridgeinstead.

Can Marcus Williams successfully sue Danny Ainge andthe Celtics for breach of contract or detrimental reliance? The answeris probably “no” but not without some decent arguments by Williams.

To check out more of the discussion, go here.

[Carol Chomsky]