RESM 4080 Exam 2

Which of the following examples is a violation of a student's Fourth Amendment rights?

A high school swimming coach who suspected that a member of the team was pregnant, required the athlete to take a pregnancy test.

Under the Fair Labor Standards Act (FLSA) of 1938, which of the following positions is "Non-Exempt"?

A lifeguard at an indoor swimming pool

Your organization has trademarked the term "Mean Green" and you use the term several times per year for promotions. However, you become aware of several other entities using the term without your permission. Which of the following entities can you take legal action against (and win)?

A local car dealership called "Mean Green Ford" opened two-years ago.

Which of the following examples is NOT a violation of a student's Constitutional rights?

A school developed a code of student conduct that prohibited students from wearing apparel which drew attention to them as opposed to the learning environment and articulated a variety of examples of items that were prohibited. A student wore a t-shirt and a belt buckle featuring a Confederate flag on two separate occasions. He refused to comply with school officials requests to follow the dress code and was subsequently suspended.

Which of the following is a violation of First Amendment rights?

A school district suspends several football players for wearing black armbands to protest a war.

Which of the following would NOT be an "Employer" as defined by the Americans with Disabilities Act of 1990?

A summer camp (employs 150 camp counselors from May 31 until August 31).

Which of the following examples is something that can be copyrighted?

A video broadcast of an athletic competition/game

_____ is the discontinued use of a trademark with the intent not to resume such use, or when any act or omission of the owner of the mark causes it to become the generic name for the goods in connection with which it is used.

Abandonment

_____ requires all federal agencies to establish policies for the voluntary use of Alternative Dispute Resolution (ADR) as a prompt, expert, and inexpensive means of resolving disputes as an alternative to litigation in federal courts.

Administrative Dispute Resolution Act of 1990

The purpose of the _____ is to promote the employment of older persons based on their ability rather than age, prohibit arbitrary age discrimination in employment, and helping employers and workers mediate problems arising from the impact of age on employment.

Age Discrimination in Employment Act of 1967

Which of the following statements about the Statute of Frauds is FALSE?

Agreements that cannot be performed within three years must be in writing to be enforced.

Which of the following examples constitute Sexual Harassment under Title VII?

All of these could constitute sexual harassment depending on the circumstances.

The _____ expanded the definition of "major life activities" to include major bodily functions (e.g., functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions).

Americans with Disabilities Act Amendments of 2008

The Lilly Ledbetter Fair Pay Act of 2009 states _____.

An unlawful employment practice occurs when: (1) a discriminatory compensation decision or other practice is adopted; (2) an individual becomes subject to the decision or practice; or (3) an individual is affected by application of the decision or practice, including each time wages, benefits, or other compensation is paid.

The Lanham Act states _____.

Any person who shall, without the consent of the registrant: (a) use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive; or (b) reproduce, counterfeit, copy or colorably imitate a registered mark and apply such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offering for sale, distribution, or advertising of goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive, shall be liable in a civil action by the registrant for the remedies hereinafter provided. Under subsection (b) hereof, the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such imitation is intended to be used to cause confusion, or to cause mistake, or to deceive.

_____ bear no direct relationship with the product itself.

Arbitrary marks

Trademarks can be categorized by strength. Which of the following categories is the strongest (the hardest to infringe upon)?

Arbitrary or fanciful marks (Adidas)

The _____ amended the Civil Rights Act of 1964 to permit jury trials and compensatory and punitive damages in addition to back pay for all claims of intentional discrimination under Title VII, not just racial and ethnic discrimination.

Civil Rights Act of 1991

The _____ test analyzes whether a school-sponsored religious activity has a coercive effect on students.

Coercion

A(n) _____ refers to an agreement between the employer and the labor union or organization that regulates the terms and conditions of employment for all the employees of a single employer.

Collective bargaining agreement

_____ is a mark used by the members of a cooperative, association, or other collective organization to indicate membership in that organization.

Collective mark

The Fair Labor Standards Act of 1938 states _____.

Congress finds that the existence, in industries engaged in commerce or in the production of goods for commerce, of labor conditions detrimental to the maintenance of the minimum standard of living necessary for health, efficiency, and general well-being of workers

The First Amendment to the United States Constitution states _____.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

_____ is the exchange of something of value between the parties.

Consideration

Which of the following statements about Contracts is FALSE?

Contract is a formal term used to describe an involuntary agreement that imposes duties and benefits upon the parties.

Regarding Copyright Protection, which of the following statements is FALSE?

Copyright protection lasts for 70 years.

The 1976 Federal Copyright Act states _____.

Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories:

The main organization in the world which resolves conflicts in sports is _____.

Court of Arbitration for Sport

A _____ limits the ability of an employee to compete against the employer in the event that the employment is terminated or the employee resigns.

Covenant not to compete

Which of the following statements about BFOQs is FALSE?

Customer preference can be the basis for a BFOQ.

_____ is a term used to describe individuals that purchase domain names that potentially infringe on established trademarks.

Cybersquatter

The Older Workers Benefit Protection Act of 1990 states _____.

Declares that ...the phrase "compensation, terms, conditions, or privileges of employment" encompasses all employee benefits, including those provided under a bona fide employee benefit plan...Requires that the actual amount of payment made or cost incurred on behalf of an older worker be no less than that made or incurred on behalf of a younger worker, for each benefit or benefit package, in order for an employee benefit plan not to violate ADEA...Prohibits such employee benefit plans or voluntary early retirement incentive plans: (1) from excusing the failure to hire any individual; and (2) from requiring or permitting involuntary retirement because of age.

_____ identify a characteristic or quality of a good or service.

Descriptive marks

The Fourth Amendment protects individuals from Search and Seizure and gives individuals the Right to Privacy. When determining if someone's Fourth Amendment rights have been violated, three questions must be asked. Which of the following is NOT one of those three questions?

Did the individual/organization obtain a warrant before the action?

_____ is the lessening of the capacity of a famous mark to identify and distinguish goods or services (even in the absence of consumer confusion and competitors).

Dilution

The process of a minor rescinding a contract to which he or she is a party is known as _____.

Disaffirmation

A(n) _____ alerts consumers that the product or service does not contain certain attributes or features and that it is not from a certain source organization.

Disclaimer

Unintentional discrimination is known as _____.

Disparate impact

An employment contract should state that "the employee agrees to devote his/her best effort to full-time performance as the position requires." This information should be included in the _____ section of the contract.

Duties and responcibilites

The National Labor Relations Act of 1935 states _____.

Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all of such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in section 8(a)(3) of this title.

_____ contracts secure athlete sponsorships.

Endorsement

The _____ prohibits employers from discriminating on the basis of sex between employees at the same establishment who perform equal work in equivalent positions under similar working conditions.

Equal Pay Act of 1963

The _____ of the _____ Amendment to the United States Constitution states that "no state shall...deny to any person within its jurisdiction the equal protection of the laws.

Equal Protection Clause 14th

The _____ is the generic protector of equal rights. It guarantees that no state actor (such as a federal, state, or local government agency) can gratuitously classify people and treat them differently based on those classifications without having a defensible reason.

Equal Protection Clause of the Fourteenth Amendment

The _____ prohibits Congress or the states from making any law establishing or promoting a religion.

Establishment Clause of the First Amendment

_____ prohibits Congress or the states from making a law which promotes a religion.

Establishment clause

The Sherman Antitrust Act of 1890 states _____.

Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is hereby declared to be illegal...every person who shall monopolize, attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among several States, or with foreign nations, shall be deemed guilty of a felony...

A(n) _____ occurs when the parties clearly state the terms of their agreement, verbally or in writing.

Express contract

Which of the following is NOT a pathway to Title IX enforcement?

Filing a complaint with the NCAA.

_____ receive no trademark protection.

Generic marks

The Anti-Cybersquatting Consumer Protection Act of 1999 states _____.

In General.--Section 43 of the Trademark Act of 1946 (15 U.S.C. 1125) is amended by inserting at the end the following: (

The Civil Rights Act of 1991 states _____.

In an action brought by a complaining party under the powers, remedies, and procedures set forth in section 706 or 717 of the Civil Rights Act of 1964 (as provided in section 107(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12117(a)), and section 505(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 794a(a)(1)), respectively) against a respondent who engaged in unlawful intentional discrimination (not an employment practice that is unlawful because of its disparate impact) under section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) and the regulations implementing section 501, or who violated the requirements of section 501 of the Act or the regulations implementing section 501 concerning the provision of a reasonable accommodation, or section 102 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12112), or committed a violation of section 102(b)(5) of the Act, against an individual, the complaining party may recover compensatory and punitive damages as allowed in subsection (b), in addition to any relief authorized by section 706(g) of the Civil Rights Act of 1964, from the respondent.

The 1998 Digital Millennium Copyright Act states _____.

In general terms, section 512(a) limits the liability of service providers in circumstances where the provider merely acts as a data conduit, transmitting digital information from one point on a network to another at someone else's request. This limitation covers acts of transmission, routing, or providing connections for the information, as well as the intermediate and transient copies that are made automatically in the operation of a network. In order to qualify for this limitation, the service provider's activities must meet the following conditions:

Regarding the Sports Agent Responsibility and Trust Act (SPARTA) of 2004, which of the following statements is FALSE?

It has led to multiple agents being convicted in federal court.

The Sports Agent Responsibility and Trust Act (SPARTA) states _____.

It is unlawful for an athlete agent to: (1) directly or indirectly recruit or solicit a student athlete to enter into an agency contract, by (A) giving any false or misleading information or making a false promise or representation; or (B) providing anything of value to a student athlete or anyone associated with the student athlete before the student athlete enters into an agency contract, including any consideration in the form of a loan, or acting in the capacity of a guarantor or co-guarantor for any debt; (2) enter into an agency contract with a student athlete without providing the student athlete with the disclosure document described in subsection (b); or (3) predate or postdate an agency contract.

Title VII of the Civil Rights Act of 1964 states _____.

It shall be an unlawful employment practice for an employer: (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin; or (2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin.

The Age Discrimination in Employment Act of 1967 states _____.

It shall be unlawful for an employer: (1) to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's age; (2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's age; or (3) to reduce the wage rate of any employee in order to comply with this chapter.

A(n) _____ is a written document in which the trademark owner grants another entity the right to associate their business and/or product with the name, goodwill, logos, symbols, emblems, and designs of the trademark owner.

License

The _____ allows victims of pay discrimination to assert their rights in order to obtain full compensatory and punitive damages. It establishes that an unlawful employment practice occurs each time an individual is paid if that compensation is affected by application of a discriminatory compensation practice or decision.

Lilly Ledbetter Fair Pay Act of 2009

Which of the following leagues does not have a limit on the amount of commission an agent can collect from athletes?

MLB

Which of the following statements about Title IX is FALSE?

Many schools lose a portion of their federal funding each year due to violations of Title IX.

Which of the following individuals IS involved in the Alternative Dispute Resolution process but does NOT have the power to impose or force a solution on the parties?

Mediator

The _____ test requires a state actor to show that discrimination is rationally related to a legitimate government interest.

Mere rationality

Which of the following organizations is NOT a 'state actor'?

NCAA

Title I of the Americans with Disabilities Act of 1990 states _____.

No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.

The Equal Pay Act of 1963 states _____.

No employer having employees subject to any provisions of this section shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex.

The Rehabilitation Act of 1973 states _____.

No otherwise qualified handicapped individual in the United States,...shall solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance...

Title IX of the Education Amendments of 1972 states _____.

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

You are a Division I football coach. Your employment contract contains a Covenant not to compete clause. The clause states that if you resign or are terminated, you cannot coach for any other college football programs in the same conference for the next five years. Is this clause enforceable?

No, it is for too long a period of time

You manage a hockey team. You contact the local ice rink to discuss leasing the facility for your upcoming season. The ice rink states they will lease the rink to you for $50,000 for the entire season. You agree to the $50,000, but request that the rink provide a Zamboni driver so you don't have to hire someone. Does this constitute a contract?

No, they made an offer but you did not accept it

You are the athletic director at a large university. You schedule a home-game with Blue Mountain State for the following season and both parties sign the game contract. A few months later, BMS backs out of the contract and schedules a game with someone else. You are able to replace BMS with the University of North Texas and don't lose any money because of BMS's actions. If you choose to take BMS to court for breaching the contract, what type of damages are you most likely to be awarded?

Nominal damages

Was the government's action a civil wrong or a criminal wrong?

Participating in high school sports is a property right and protected by due process.

_____ prohibits employers from negatively impacting employment or benefits on the basis of pregnancy and childbirth.

Pregnancy Discrimination Act of 1978

_____ is granted to a plaintiff prior to a trail on the merits of a legal action and lasts throughout the trial process of the case.

Preliminary injunction

_____ is granted to a plaintiff prior to a trial on the merits of a legal action and lasts throughout the trial process of the case.

Preliminary injunction

Under the NLRA, which of the following is NOT a mandatory subject of bargaining?

Price of the product/service being made/offered by the organization

Which of the following organizations could legally discriminate and not allow a certain class/group of people from joining?

Private (members only) golf course

_____ is a remedy courts will apply when an agreement lacks the requirements of a contract, but nonetheless creates some form of detrimental reliance by one or more of the parties.

Promissory Estoppel

In the _____ test, courts consider whether a private actor is performing actions that have been traditionally reserved to government or that is governmental in nature.

Public function

_____ agreements pertain to short-term (i.e., one-time or seasonal) use of a facility.

Rental

The term "Quid Pro Quo" refers to cases involving _____.

Sexual harrassment

Which of the following is NOT a form of discrimination protected by the Equal Employment Opportunity Commission (EEOC)?

Social class

Which of the following remedies to a Breach of Contract is NOT a monetary award?

Specific performance

_____ requires that a defendant comply with (honor) the contract.

Specific performance

In the _____ test, courts consider whether the state significantly encouraged or coerced a private party into taking a particular action.

State compulsion

The _____ test is used in discrimination cases where the state is depriving a person of his/her fundamental rights (those articulated in the Constitution).

Strict scrutiny

_____ provides individuals with a level of protection against state interference with certain fundamental rights and liberty interests NOT specifically protected under the Constitution.

Substantative due process

_____ hint at the characteristics of the goods or services, but require some consumer imagination to be understood.

Suggestive marks

Which of the following organizations is a 'state actor'?

Tampa Sports Authority

A "just cause" clause should be included in the _____ section of the employment contract.

Termination Clause

The "due process rights" of the employee should be included in the _____ section of the employment contract.

Termination clause

The Copyright Act of 1909 states _____.

That any person entitled thereto, upon complying with the provisions of this Act, shall have the exclusive right: (a) To print, reprint, publish, copy, and vend the copyrighted work; (b) To translate the copyrighted work into other languages or dialects or make any other version thereof if it be a literary work; to dramatize it if it be a nondramatic work; to convert it into a novel or other nondramatic work if it be a drama; to arrange or adapt it if it be a musical work; to complete, execute, and finish it if it be a model or design for a work of art; (c) To deliver or authorize the delivery of the copyrighted work in public for profit if it be a lecture, sermon, address, or similar production; ...

The Federal Trademark Dilution Act of 1995 states _____.

The Act steps beyond the limits of most state statutes and offers a list of factors to be considered as to whether a mark is "famous." The list is similar to the factors to be used in judging the likelihood of confusion but is geared towards discovering a likelihood of dilution. The Act lists the factors to be considered as the following:

Which of the following regarding Age Discrimination in Employment is FALSE?

The Age Discrimination in Employment Act of 1967 protects employees over the age of 65.

Which statement shows the individual is most likely an Employee rather than an Independent Contractor?

The Employer provides the individual with all tools, equipment, and materials needed to perform the job.

Which of the following is NOT part of the 3-Prong test to determine Title IX compliance?

The Institution must show that spending on female sports is equal to spending on male sports.

Regarding Image Rights (a person's name and likeness), which of the following statements is FALSE?

The Right of Publicity Act bars the unauthorized commercial use of a celebrity's identity to help sell a defendant's goods or services, which is likely to cause confusion among consumers.

The decision of an arbitrator may be disputed and, under the Revised Uniform Arbitration Act, may be vacated in certain situations. Which of the following is NOT a situation where a party can dispute the arbitrator's decision?

The arbitrator was not a licensed attorney in the state.

Which of the following is NOT one of the three criteria of Sexual Harassment?

The conduct must involve some form of unwanted touching or contact.

Which of the following statements about the Parol Evidence Rule is FALSE?

The final contract is not a complete final statement of the parties' agreement. Therefore, any prior or contemporaneous oral or written statements that alter, contradict, or add new information regarding the agreement are admissible in any court proceeding concerning the contract.

Which of the following is NOT one of the three criteria needed for a plaintiff to file a complaint in court?

The plaintiff must have an inherent relationship with the defendant.

Which of the following is NOT one of the four parts (four-part balancing test) used to determine Procedural Due Process?

The public interest that will be affected by the official action.

The Americans with Disabilities Act Amendments of 2008 state _____.

The purposes of this Act are: (1) to carry out the ADA's objectives of providing "a clear and comprehensive national mandate for the elimination of discrimination" and "clear, strong, consistent, enforceable standards addressing discrimination" by reinstating a broad scope of protection to be available under the ADA; ...(5) to convey congressional intent that the standard created by the Supreme Court in the case of Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002) for "substantially limits", and applied by lower courts in numerous decisions, has created an inappropriately high level of limitation necessary to obtain coverage under the ADA, to convey that it is the intent of Congress that the primary object of attention in cases brought under the ADA should be whether entities covered under the ADA have complied with their obligations, and to convey that the question of whether an individual's impairment is a disability under the ADA should not demand extensive analysis...

The Fourth Amendment to the United States Constitution states _____.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Which of the following is NOT a right established by the National Labor Relations Act (NLRA) of 1935?

The right to arbitration when disputes occur between management and labor.

The Pregnancy Discrimination Act of 1978 states _____.

The terms 'because of sex' or 'on the basis of sex' include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, and nothing in section 703(h) of this title shall be interpreted to permit otherwise.

_____ prohibits gender discrimination in education programs.

Title IX of Education Amendments of 1972

_____ protects broadly against discrimination on the basis of race, color, religion, country or national origin, and sex.

Title VII of Civil Rights Act of 1964

_____ is any word, name, symbol, or device (or combination thereof) adopted or used by some entity to identify their goods and distinguish them from those manufactured or sold by others.

Trademark

Which of the following is NOT a common defense to a Breach of Contract claim?

Unilateral mistake

Which of the following is NOT a form of Alternative Dispute Resolution?

Unionizing

A _____ contract means that one party has the option of canceling the agreement.

Voidable

In order to determine if Due Process Rights have been violated, you must ask three questions. Which of the following is NOT of the three questions?

Was the government's action a civil wrong or a criminal wrong?

Which of the following is NOT a factor when determining if a "hostile environment" was created in regard to sexual harassment?

Whether the defendant perceived the environment to be hostile or abusive.

The NCAA (a private organization with voluntary membership) has sanctioned UNT athletics (by prohibiting teams from all post-season play for two years) because athletes were taking courses with easy curriculum. UNT disagrees with the sanctions and wants to take the NCAA to court over the matter. Will a court hear the case?

Yes, the NCAA is exceeding the scope of their authority.

You see an advertisement for a triathlon in your area. The ad states that first prize for winning the triathlon is $10,000 cash. You compete in the triathlon and win the race. After the event, the organizers contact you and inform you that, due to low participation at the race, they cannot give you the $10,000 prize. Instead, they offer you free admission to all future races. Are the race organizers guilty of breaching a contract?

Yes, the advertisement constituted a unilateral contract

You interview with a local soccer organization to become a youth soccer coach. A few days after the interview, the organization sends you an email that you have been accepted as a coach in the league. A coaching contract is attached to the email. You are supposed to sign the contract and mail it back to the organization, which you do immediately. Two-weeks later, you show up at the coaching workshop at the league office. The league asks why you are there and informs you that they already hired someone else because you never signed the contract. Upon further inspection, you find out your letter was delivered to the wrong address by the mailman. Does this constitute a contract?

Yes, the offer was accepted when you placed the signed contract in the mail

A park in Denton is owned by private investors but open to the public. However, the park only allows people who were born in the United States to use the facilities. Can someone file a lawsuit alleging that their Constitutional Rights are being violated?

Yes, the park is a 'state actor' under the Public Function Theory

The United States prohibits individuals under the age of 21 from consuming alcohol, thereby discriminating against certain people based on age. Is this legal?

Yes, this discrimination is legal based on the "mere rationality" standard of review.

You own a golf course. The PGA approaches you about holding an annual tournament at your course over the next five years. You and the PGA create a contract at a meeting together. You sign the contract the next day and send it to the PGA for them to sign. Unknown to you, the PGA never signs the contract. However, the PGA holds tournaments at your course over the next two years. Between the second and third year, the PGA informs you that they no longer wish to hold tournaments at your course. Is the PGA guilty of breaching a contract?

Yes, you and the PGA had an implied contract