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Is a contract valid if made to respond within 24 hours?

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Nelson87

Junior Member
What is the name of your state (only U.S. law)? Wisconsin
My son tried out for a travel baseball team (Team #1) in early August. Before tryouts for two other teams in the area, Team #1 sent an email indicating he made the roster, but said acceptance to their offer must be made within 24 hours. Not knowing if he would make either of the other two teams, we accepted Team #1's contract which said we would pay for the entire season even if we decided to leave the team ($2400).

The next week he made the team he really wanted to make (Team #2), and we have decided to have him play for that team this coming year. I did inform Team #1 about our decision that next week (so there had not been a practice, workout, meeting, anything, etc.) to that point. I asked if they would stop the payments toward their team fees as our son would not be playing with them next year. They said we signed the contract and we are liable for all payments until they find a replacement on the roster, which is a bit open-ended as I have no idea if their rosters are full or not. They don't have to tell me that at all; they could be full and they'll just keep taking my $200 monthly through next June.

I argued that by telling us we had to respond to their invitation and contract offer to hold our son's spot within 24 hours, that was unfair and rather shady.

I am now $800 down with another payment scheduled to come out on Dec. 1. We did not receive anything of value from Team #1, and feel we were slightly threatened to sign a contract within 24 hours so we could ensure our son had a team to play on next year (without knowing the outcome of the other two tryouts and if we had options at that time).

Is this something I could fight them on? If the 24-hour mandatory response wasn't there and I signed the contract, I'd have no problem paying as that was up to me. But by putting that we needed to respond in 24 hours or risk losing our spot I feel like that is enough of a threat to argue duress.
 


justalayman

Senior Member
Many contracts, especially real estate contracts, are often written with a time limit. Yes, it
Is entirely legal to limit the duration of the offer. It makes a lot of sense to limit offers such as yours so they aren't waiting forever to be able to make the offer to the next possible player in line.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? Wisconsin
My son tried out for a travel baseball team (Team #1) in early August. Before tryouts for two other teams in the area, Team #1 sent an email indicating he made the roster, but said acceptance to their offer must be made within 24 hours. Not knowing if he would make either of the other two teams, we accepted Team #1's contract which said we would pay for the entire season even if we decided to leave the team ($2400).

The next week he made the team he really wanted to make (Team #2), and we have decided to have him play for that team this coming year. I did inform Team #1 about our decision that next week (so there had not been a practice, workout, meeting, anything, etc.) to that point. I asked if they would stop the payments toward their team fees as our son would not be playing with them next year. They said we signed the contract and we are liable for all payments until they find a replacement on the roster, which is a bit open-ended as I have no idea if their rosters are full or not. They don't have to tell me that at all; they could be full and they'll just keep taking my $200 monthly through next June.

I argued that by telling us we had to respond to their invitation and contract offer to hold our son's spot within 24 hours, that was unfair and rather shady.

I am now $800 down with another payment scheduled to come out on Dec. 1. We did not receive anything of value from Team #1, and feel we were slightly threatened to sign a contract within 24 hours so we could ensure our son had a team to play on next year (without knowing the outcome of the other two tryouts and if we had options at that time).

Is this something I could fight them on? If the 24-hour mandatory response wasn't there and I signed the contract, I'd have no problem paying as that was up to me. But by putting that we needed to respond in 24 hours or risk losing our spot I feel like that is enough of a threat to argue duress.
"Time is of the essence" clauses in contracts can be enforceable. What can be argued is the reasonableness of the time given to perform. Reasonableness really depends on the nature, purpose and circumstances behind the time to respond demand.

In your son's case, it appears that the league needed an immediate response to fill the team. Your son agreed to fill one of the spots available - making this spot unavailable to another child.

The remedy for a material breach of a contract is performance.
 

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