John Tonelli was an exceptionally talented young

hockey player who, in 1973 attheage of16,

entered into a two-year contract with the Toronto

Marlboros Major Junior A hockey dub, a team in

the Ontario Major Junior A Hockey League. Theleague had an agreement with the National

Hockey League (NHL) that prevented the drafting

of underage players and that called for tl1e

payment of certain fees once a player was drafted

at the end of his junior career. However, a similar

agreement could not be read1ed with the World

Hockey Association (WHA). John- like all other

junior hockey players of his time- was forced to

sign a new contract as a conru ti on of continuing

to play in the junior league. This new contract

essentially bound him to play three years longer

than his earlier contract with the Toronto

Marlboros; in addition, it imposed monetary

penalties if he signed with a professional team

with.in that time frame or with.in a period of

three years after he ceased to be eligible to play

in the junior league. As soon as he turned 18

(the age of majority), John abandoned the

contract with the Toronto Marlboros and signed

with the Houston Aeros, a professional team. The

Marlboros sued him for bread1 of contract .67 Is

John's contract enforceable against him? lf yes,

does this seem fair, and from whose point of

view? lf no, is it fair that John can sign a contract

and then ignore his obligations under it?

Please analysis the case by the following approach:

(i) identify the legal issues;

(ii) explain the legal principles;

(iii) apply the legal principles to the facts - facts are an essential part of the case;

(iv) reach a conclusion - I am less concerned with the "right" conclusion than your analysis in reaching that conclusion.

A word of advise