Will this case be heard in State Court or Federal Court

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Reference no: EM133810288

Question

Sarah is a star volleyball player and sophomore studying at SBCC who was recently approached by SB SportsZone, an apparel company that specializes in customized equipment for athletes. After some preliminary discussions, Sarah and SB SportsZone agreed that Sarah would enter into a deal for her NIL (name, image and likeness) and promote SB SportsZone's business on her Instagram and TikTok pages by posting one each week in exchange for $8,000/month for 6 months.

However, when Sarah received her contract from SB SportsZone, the deal terms stated $4,000/month and for 8 months. Sarah called SB SportsZone and informed them of these errors. The President of SB SportsZone, Michael Brown, said "our mistake, I'll make the changes later." Sarah then signed the deal and started posting once each week as required under the contract.

Two months into the deal, SB SportsZone called Sarah, informing her that they would have to cancel the remainder of the agreement. SB SportsZone wrote that the two reasons the company was rescinding the agreement was because the company was no longer earning a profit on its merchandise sales and that Sarah was not actually enrolled at SBCC.

Angrily, Sarah stormed into your office and wants to hire you as her lawyer to represent her in a breach of contract lawsuit against SB SportsZone. Based on the fact pattern, answer the following questions:

1. What law applies to govern this dispute and why (CL or UCC)?

2. Will this case be heard in State Court or Federal Court and why?

3. From our contracts handouts, what are Sarah's best legal arguments as to why there is a contract?

4. From our contracts handouts, what are SB SportsZone's best legal defenses as to why there is not a contract?

5. If you are the judge in this case, who wins and why?

Reference no: EM133810288

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