January 14, 2005

Doug Mientkiewicz & The Ball

Who owns the ball that Doug Mientkiewicz caught to seal the World Series victory? The Red Sox want it, but Mientkiewicz is not giving it up. ESPN sportswriter Jim Caple is thinking about property law, but it seems like simple agency law resolves any dispute between Mientkiewicz and the Red Sox.

Mientkiewicz is a Red Sox employee. At the time he obtained the ball, he was working on behalf of the Red Sox. As a result, he owes the Red Sox a duty of loyalty. The general duty from the Restatement (Second) of Agency 387 reads: "unless otherwise agreed, an agent is subject to a duty to his principal to act solely for the benefit of the principal in all matters connected with his agency." No matter who owned the ball when it was placed in the pitcher's glove, it's hard to imagine a scenario in which ownership transfers to Mientkiewicz over the Red Sox.

Posted by Gordon at January 14, 2005 12:34 AM | TrackBack