Supervening impossibility of the provision of sports training and coaching due to the 'coronavirus'

Alejandro Valiño

doi:10.52383/itfcoaching.v28i81.36

Abstract

The paper analyses the situation of the contracts to provide services that persons or sport organisations agree with their students in the context of expanded health crisis worldwide caused by the coronavirus. Given the diverse background of the readers, reference to specific national or local regulations will be avoided. Instead, general principles of the service contract contained in some studies that have dealt with the transnational harmonisation of private law are considered.

Highlights

The provision of tennis coaching and training services is included in one of the most traditional contracts in any national legal system1
The coaching and training services are successive, since the programme is usually divided into a number of sessions during several days a week over several months within the same or successive seasons
A fundamental element in bilateral contracts such as services is that of contractual good faith12. In accordance with it and in view of the supervening impossibility of the provision due to causes beyond the control of the contracting parties, it is essential that the parties show an interest to reach a benefit rebalancing agreement, so that fierce positions, be on the part of the provider, determined to bear on the recipient of the service all the consequences derived from the impossibility of its provision, either by the client, obstinate in rejecting the formulas that the offeror may propose, would openly violate that requirement of good faith in the contract

Summary

INTRODUCTION

The provision of tennis coaching and training services is included in one of the most traditional contracts in any national legal system. Coaching & Sport Science Review programme and pays a fee or sum of money (negotiated between the parties or included in an offer directed to the public), either in advance, either at the end of each session, or even later after a period of time or number of sessions. Coaching & Sport Science Review programme and pays a fee or sum of money (negotiated between the parties or included in an offer directed to the public), either in advance, either at the end of each session, or even later after a period of time or number of sessions7 The peculiarity of this contract lies in the fact that, even though it arises from the time the parties reach an agreement (or the client shows his willingness to adhere to the offer), the collection of the rent is closely linked to the effective provision of the service under the conditions agreed. When the person compelled to provide the service fails to do so (i.e. does not provide the service) or does it poorly (it does not fulfil the conditions agreed or offered, for example, the type of court in which the practice should have been delivered; or unilaterally substitutes the agreed coach, when this appointment was decisive to contract the service), the client, who always can terminate a contract of this type, may claim compensation for the damages suffered

THE TEMPORARY IMPOSSIBILITY OF THE PROVISION

CONCLUSION