Earlier this week, a Federal District Court in New York ruled that boxing promoter Don King liable was in breach of contract when his fighter failed a drug test for a boxing event to be held in Russia earlier this year. The parties will now argue about how much in monetary damages that the boxing promoters World of Boxing is entitled to as a result of the breach.
King’s Don King Promotions entered into an agreement which pitted King’s Guillermo Jones for a bout against Denis Lebedev on April 25, 2014. However, the day of the bout Jones tested positive for furosemide, an illegal performance-enhancing diuretic. The drug test disqualified Jones from competing and the fight was called off.
A month later, World of Boxing filed a lawsuit citing a breach of the fight agreement which articulated that Jones was “subjected to drug testing before and after the fight.” King denied the allegations of a breach of contract citing the fact he was only required to “do everything within his control…to cause Jones’s participation.” King argued that he could not prevent Jones from taken an illegal substance. However, while the court acknowledged the fact that King might have to personally supervise Jones to prevent his use of an illegal substance, the issue is whether King failed to perform under the contract (i.e., produce Jones for the contracted event), not whether he could be excused for nonperformance.
He also argued the legal defense of “impossibility.” Essentially, King argued that even if there was a breach, his performance should be excused due to a “supervening event” that was an “unanticipated” event. Here, King argues that he could not have known that his fighter would have used an illegal substance. However, the opinion notes that Jones had a history of using furosemide and the fact that the contract specifically required pre-bout drug testing.
King also filed two counterclaims which were summarily dismissed by the court.
Opinion – World of Boxing v. Don King
The case was heard in the Southern District of New York which is the same venue in which the Zuffa-New York lawsuit is filed.
Payout Perspective:
For you law school students that are heading back to school this year, this case is a very good one on the basics of a breach of contract and the legal defense of impossibility. The court clearly spells out that in its opinion, there was a clear breach of contract due to the fact that King’s boxer could not fight. Even though King argued that a breach should be excused, he did not satisfy the legal requirements (i.e., the breach was foreseeable due to Jones’ past use and the contract specified a drug test pre-fight). It will be interesting to see what damaged are assessed to King and whether there will be an appeal of the ruling.
Haha. Sal will want to suck his dick now.
Funny how there wouldn’t be boxing or the ufc the way we know it if it wasn’t for Don King and other pioneers of the fight promotion business . Don has been to court more than D has been abused, he has the best lawyers and win or lose it wont stop him. Dana and the inexperienced fuck tools at zuffa could learn a lot from old Don good and bad! Another funny thing DON KING NEVER HAD TO BORROW A HALF A BILLION DOLLARS TO FLOAT HIS PROMOTION BHAHAHAHAHAHAH !!!!!
D has no idea who or what Don King is!
Funny how you want to blow every boxing promoter, probably cause you are a boxing welfare to work troll.
Another thing, Don King wouldn’t have the credit to borrow a half of a billion dollars. HAHAHA!! Zuffa could buy him out 10x over at any point in his career. HAHAHA!! Good idea running away from the other issue that you got humiliated on Sal. Fucking fag!
so because zuffa can borrow half a biillon means what? It means nothing to the succes or failure of the ufc. What a shame. They borrow that much and still fail! Bahahhaahah. You make no sense you damaged molested bleeding asshole super depressed little victim bahahahav Dons no fool and how do you know he couldn’t put together that kind of money. He problqbly could you fuck stick. Dont be mad because the ufc is smoke and mirrors and cant show a dam thing for all the debt they have aquired 2014 is in the shitted You on the other hand wish you had a shitter instead of crapping in a field you filthy excuse for a human. Bahaha
Don king invented PPV bahahaha Funny the first fight Don King ever promoted the fighters made more than all the UFC fighters combined in one year and we are talking in 1974 bahahahaha UFC can’t even touch that kind of payout in 2014 bahahaha No comparison between Don King and anyone at Zuffa Don King is a legend and the UFC is a foot note bahahahaha In Don Kings hay day he was wayyyyy bigger then the UFC will ever be or ever was. Zuffa wish they knew what Don King knows!!!
PS fart boy Don King is a complete scum bag crook but hey that the business, which you know nothing about!!
HAHAHA!! Sal just makes up salaries probably because he is gay on boxing promoters, he likes to please them with his gay lifestyle. Zuffa is worth 1000x more than Don King and his fraud empire.
PS, anyone who claims that promotions are taxed federal income on each individual event should never accuse anyone of not being informed.
You keep embarrassing yourself every time you post with your vacant knowledge on the subject.