The Legal Realities Behind FIFA’s 2026 World Cup Agreements Amid Public Safety Concerns

Is it too dangerous to host the 2026 FIFA World Cup in certain U.S. cities? President Donald Trump has threatened to move World Cup matches from what he deemed to be dangerous cities, including Seattle and San Francisco. Does President Trump or the federal government have the power to move the events? As a legal matter, it comes down to contract law.

FIFA, the International Federation of Association Football, has privately negotiated agreements with each U.S. host city. These are binding contracts, negotiated directly between FIFA and local authorities.

That means the President does not have unilateral, legal authority to cancel or alter these private contracts. President Trump, however, could apply political or financial pressure to the various parties that might influence cities to reconsider their commitments. If a host city or governing body attempts to alter contractual obligations, it could face claims for breach of contract, leading to complex legal disputes about enforceability.

Understanding fundamental principles of contract law is key to determining when a breach occurs and what the potential legal consequences could be.

What makes a contract legally enforceable?

For a contract to be legally binding and enforceable under the law, several elements must be present. Without them, the agreement may not hold up in court.

1. There must be a clear offer. A party must make a definite and unambiguous proposal demonstrating a clear intent to be bound by specific terms.
2. There must be acceptance of the offer. The party receiving the offer must accept the offer in its entirely and without any modification. Any alteration to the original terms constitutes a counteroffer, rather than an acceptance.
3. There must be consideration, or the clear exchange of something of value. Both parties must exchange something of value, whether in the form of goods, services, money, or a promise to act or refrain from acting. It is essential that each party receive a legal benefit or suffer a legal detriment.
4. There must be capacity on behalf of the parties. The parties must have the legal ability to enter into a contract, meaning that the individuals are of legal age and of sound of mind to act with authority to contract.
5. There must be legality. The subject matter and purpose of the contract must comply with applicable laws and public policy. Contracts for unlawful conduct are void and unenforceable.
6. There must be mutual assent. The parties must have a shared understanding of the essential terms of the contract.

When one party fails to live up to these agreed-upon obligations, a breach of contract may occur, potentially triggering legal remedies and even damages.

What do you need to show for a breach of contract?

For a party to pursue and succeed on a breach of contract claim, you would typically need to show the following:

1. The existence of a valid contract (Offer, acceptance, consideration, capacity, legality, meeting of the minds)
2. Plaintiff’s performance or excuse: The plaintiff must prove that they fulfilled their obligations of the contract or had some excuse for why performance was not fulfilled.
3. Defendant’s breach: the Defendant failed to fulfill one or more material contractual duties.
4. Causation & damages: the breach caused financial loss or actual harm due to the Defendant’s breach.

Potential Future Outcomes for FIFA and the 2026 Host Cities

Let’s go back to the FIFA example at the top of this article. Public records of a contract agreement between FIFA and one of the host cities, Seattle, provide insight into the scale of such commitments. The agreement reportedly requires Seattle to cover most operational costs – such as public safety, transportation, and emergency services – while giving FIFA wide control over event logistics.

If public safety were to become a concern, FIFA, Seattle, or other host cities would likely need to invoke specific contractual provisions to justify suspending or ending their obligations under their agreement – such as a force majeure or termination for cause clauses.

A force majeure clause typically excuses performance when unforeseen events, like natural disasters or security threats, make fulfilling the contract impossible. A termination for cause clause, on the other hand, allows a party to end the agreement when the other party fails to meet key obligations or breaches specific terms.

So it is possible that if President Trump declares a city to be too dangerous to host a World Cup event and encourages FIFA to hold the event in a preferred city, FIFA may be able to defend against any breach of contract claims brought by the host city.

In summary, contracts – whether with global organizations like FIFA, between business corporations, or among private individuals – can be complex. A single clause or misunderstanding in a contract can create significant liability and lead to costly disputes. Before entering, terminating, or attempting to void any contract, it is strongly advised to consult experienced counsel. An attorney can evaluate potential risks, available defenses, and provide the best strategy to protect your interests.