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VIC Breach of Contract by Bowling Company Sponsors

Discussion in 'Commercial Law Forum' started by justine1908, 3 November 2015.

  1. justine1908

    justine1908 Active Member

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    My sons (16 and 18) are elite level lawn bowlers and for the past year and 1/2 have had a sponsorship deal with the Aero Bowls company, who have provided them with gear, bowls and accessories during this time. I recently emailed them to get some new gear as per their contract with us and they have stated that they "will not be continuing a formal sponsorship" with the boys.

    My problem lies in that I cannot find the original signed documents (although I have the contracts as emailed to me) as I have moved house 3 times since. Their contracts were for 3 years. I do however have proof that the company have honored the sponsorship agreement up until this point, and regular correspondence emails.

    Do I have any legal leg to stand on for this breach of contract without the original signed documents?
     
  2. Sophea

    Sophea Well-Known Member

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    It will be difficult to enforce any agreement without proof of it. You do not need the original signed documents per se however you need some convincing evidence of the fact that you entered into it and the terms of it.
     
  3. justine1908

    justine1908 Active Member

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    Thanks for that, I do have the original (unsigned) documents as they were emailed to me stating the terms etc. Also the company asked us what gear the boys preferred , clothing sizes etc when they recieved our documents. I have emails referring to the contract throughout the period of sponsorship.
     
  4. Sophea

    Sophea Well-Known Member

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    Was there a set period of sponsorship? If so has it come to an end? Or was it a season to season agreement?
     
  5. justine1908

    justine1908 Active Member

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    They were 3 year contracts signed in January 2014
     
  6. Rod

    Rod Well-Known Member

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    Any performance obligations on the boys?
     
    Sophea likes this.
  7. justine1908

    justine1908 Active Member

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    No performance obligations, only marketing ones....must wear the gear whilst playing etc. They have gone from strength to strength with their performance in any case. Excelling both junior and open state competition with national and world titled bowlers.
     
  8. Rod

    Rod Well-Known Member

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    You seem to have a good case but without having the full history and evidence, and without seeing the actual agreement, no-one here can a definitive answer.
     

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