- Joined
- Nov 29, 2015
- Messages
- 16,218
Yes, yes, yes! The consideration! What exactly did they get? To me, this has always been the key.
One of the publicly stated reasons that most of the ACC ADs wanted the GOR was to ensure the ACC would stay intact. Consideration doesn't have to mean monetary. Peace of mind can count as consideration, and given that multiple ADs and the ACC Commish said that the GOR would ensure that teams don't leave, I don't think "lack of consideration" would be a winning argument. Courts tend to avoid looking at "lack of consideration" in freely negotiated contracts, especially when you are dealing with "sophisticated parties" like a TV network and a P5 football conference. This isn't a case of some little old lady in a one stop-light town getting duped by a big city lawyer. Courts tend to allow sophisticated parties to agree to whatever terms they want as long as it's legal, even if the agreement is obviously dumb and short-sighted. And the fact that no ACC team ever said a word about lack of consideration from 2016-2021ish and tried to get out of the GOR until now (only after the SEC and B1G had big jumps in revenue) means the "lack of consideration" argument isn't going to fly. Everyone was happy until the other conferences signed massive new contracts.
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