Post by account_disabled on Mar 13, 2024 3:44:28 GMT -5
The film “Air: the story behind the game” released in tells the partnership between the sporting goods brand Nike and the greatest basketball player of all time: Michael Jordan. However it is not just about sport and money but about valuable lessons about relationships and contractual negotiations.
To contextualize — without giving too much spoiler to readers who have not yet seen this brilliant work — the film tells the behind-the-scenes story that led to the formation of the well-known CG Leads commercial relationship between Nike and the then young promise Michael Jordan in the early s bringing interesting points about the negotiation and persuasion strategies that the sports brand and the player's mother had to close the contract.
The commercial agreement brought innovation and created precedents for other future relationships with the unprecedented inclusion of a clause that provided for Jordan's participation in Nike's profits with the sales of sneakers that would bear his name something previously inconceivable.
Disclosure
However the real “win” in the negotiation between Nike and Jordan was the creation of the “Air Jordan” which had increased fame because the theme deviated from the standards and was born with a controversy: it violated the NBA rule that Players' sneakers had to be white. Nike's brilliant idea was not only to choose the athlete who would give the sneaker its name but to produce it in black and red an innovation that resulted in the use of the sneaker in games being banned with the threat of a fine for Nike in the US. per game for non-compliance.
Even so Nike preferred to continue using the sneakers and Michael Jordan continued using the shoes in games paying the price for it.
Analyzing the film from a legal point of view we see valuable lessons about the world of contracts and negotiations. The film teaches how important it is to know the object of the contract and the party with whom you are creating the commercial relationship but it goes further: it teaches us — and makes us question — about a method used by Nike in the case called the efficient default theory or “ efficient breach “.
“ Efficient breach ” basically refers to a strategy in which one of the parties to a contract makes a calculated decision to violate the contractual terms seeking to optimize benefits instead of fulfilling the original obligation. The theory of efficient default is based on economic and rational considerations suggesting that in certain circumstances it may be more financially advantageous for a party to breach the contract and pay any damages than to fulfill contractual obligations.
To contextualize — without giving too much spoiler to readers who have not yet seen this brilliant work — the film tells the behind-the-scenes story that led to the formation of the well-known CG Leads commercial relationship between Nike and the then young promise Michael Jordan in the early s bringing interesting points about the negotiation and persuasion strategies that the sports brand and the player's mother had to close the contract.
The commercial agreement brought innovation and created precedents for other future relationships with the unprecedented inclusion of a clause that provided for Jordan's participation in Nike's profits with the sales of sneakers that would bear his name something previously inconceivable.
Disclosure
However the real “win” in the negotiation between Nike and Jordan was the creation of the “Air Jordan” which had increased fame because the theme deviated from the standards and was born with a controversy: it violated the NBA rule that Players' sneakers had to be white. Nike's brilliant idea was not only to choose the athlete who would give the sneaker its name but to produce it in black and red an innovation that resulted in the use of the sneaker in games being banned with the threat of a fine for Nike in the US. per game for non-compliance.
Even so Nike preferred to continue using the sneakers and Michael Jordan continued using the shoes in games paying the price for it.
Analyzing the film from a legal point of view we see valuable lessons about the world of contracts and negotiations. The film teaches how important it is to know the object of the contract and the party with whom you are creating the commercial relationship but it goes further: it teaches us — and makes us question — about a method used by Nike in the case called the efficient default theory or “ efficient breach “.
“ Efficient breach ” basically refers to a strategy in which one of the parties to a contract makes a calculated decision to violate the contractual terms seeking to optimize benefits instead of fulfilling the original obligation. The theory of efficient default is based on economic and rational considerations suggesting that in certain circumstances it may be more financially advantageous for a party to breach the contract and pay any damages than to fulfill contractual obligations.