Proform Sports Management Ltd. v. Proactive Sports Management Ltd. and Anr.

Proform Sports Management Ltd. v. Proactive Sports Management Ltd. and Anr.

[2007] 1 All ER 542

(Contract for Necessity-Voidable Contract recession)


Proform entered into a representation contract with wayne rooney, a famous footballer when he was a minor (of 15 years of age). The contract was to expire after two years. During the last year, Wayne entered into two agreements with Proactive having the same effect as that of contracts with Proform. But these agreements were never acted upon and were abrogated soon after their execution. When contract with Proform came to an end, then just after three days, Wayne entered into representation contract with Proactive.


Whether Proactive can be held liable for inducement of Wayne to breach his contract with Proform?


In present case, the contract of proform with Wayne didn’t fall either into contract for necessity or analogous to contracts for employment, apprenticeship or education. Proform was neither giving any training to Wayne nor was it compulsory for him, as a professional footballer, to enter into such a contract. In these circumstances, the contract did not fall into the category of enforceable contracts against minor for it being contract of necessity rather was voidable at the option of Wayne.

There could be no liability for inducing or facilitating the breach of a voidable contract with the minor. Where a contract was determinable, no liability was incurred merely by inducing a contracting party who enjoy the right to rescind, to determine the contract lawfully, for there was no breach.

The contention raised by Proactive that given the legal advice of leading counsel to Wayne, former could not be held to be responsible for procuring the breach of contract, was not held well.

However, the court held that had the agreement been valid and if Proactive had first put into the mind of Wayne that Proform was not appropriate for representative contract, then due to the Proactive directly leading to breaking agreement with Wayne, it would have been held to be liable.


Author: Vishrut Kansal (National University of Juridical Sciences, Kolkata)

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