law 350 discussion 3

Muhammad Ali (Ali), a professional heavyweight boxer, successfully defended his heavyweight boxing championship of the world by defeating Ken Norton. Shortly after the fight, Ali held a press conference and, as he had done on several occasions before, announced his retirement from boxing. At that time, Ali had beaten every challenger except Duane Bobick, whom he had not yet fought. Subsequently, Madison Square Garden Boxing, Inc. (MSGB), a fight promoter, offered Ali $2.5 million if he would fight Bobick. Ali agreed, stating, “We are back in business again.” MSGB and Ali signed a fighters’ agreement, and MSGB paid Ali a $125,000 advance payment. The fight was to take place in Madison Square Garden. Three months before the fight was to take place, Ali told MSGB that he was retiring from boxing and would not fight Bobick in February. Must MSGB wait until the date performance is due to sue Ali for breach of contract? Why?

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