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Nebraska to acc Ohio to sec ?

@RVA Cane, I didn't think it was possible to kill Paul Etticks, but you did it. You really did it.


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@RVA Cane - LOL - you had some fun in this thread.
And yes - possible thread derailer- who didn’t love Battlefield 3? Lol
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rustywalkedaway said:
Nope, but I've read the media rights contracts for two separate conferences so I have a pretty good idea of how schools can and cannot leave a conference. Got paid to do so. Have you read any contracts at issue?
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Someone paid you to review contracts, and you used this terminology:
rustywalkedaway said:
EDIT: I also need to apologize. You asked if the conference's refusal to play constitutes breach. The simple answer is yes. But, if you want to make this much more complicated, that breach may be discharged due to "act of God" or "force mature" types of arguments.
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rustywalkedaway said:
For the morons that continue to discuss anyone leaving the Big 10, you do realize the contactual responsibilities each school has, right? Those include the forfeiture of media rights revenues going forward in they leave. In other words, they would not only lose their income from the current Big 10 media package, but they would lose media revenues for the remainder of that contact.

So Ohio State can leave, and breach that contract, but if they left, they breached the contract. That also triggers previously agreed upon liquidated damages, meaning what many think of as the "buy out", in addition to those future lost revenues. So OSU CAN go, but it will cost them. Nebraska CAN go, but they can't afford that.
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Contractual responsibilities end when there is an Act of God.

Then, they can do as they damned well please.

Nebraska is like the duck at a coyote convention voting for what to eat.
 
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The Franchise said:
Someone paid you to review contracts, and you used this terminology:
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Wow, ouch. You sure got me there. That was a good one, the Farce, Sorry for what my auto correct did. It also just turned "auto correct" into "auto carrot", while I was typing, as it doesn't know any better.

My auto correct is pretty limited. What's your excuse for being simple, the Farce? Genetics or disposition?

And, as I said before, please stop stalking me. I know you are really, really into me, but don't you have something else to do with your almost 41 THOUSAND posts? Seriously, who has the time or the lack of life for almost 41 THOUSAND posts? That seems a very sad existence.
 
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rustywalkedaway said:
Actually contract interpretation is always in the eye of the beholder. It is never truly objective or definitive. Anyone who thinks otherwise has no actual experience with courts interpreting contracts.

Nope, but I've read the media rights contracts for two separate conferences so I have a pretty good idea of how schools can and cannot leave a conference. Got paid to do so. Have you read any contracts at issue?
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To say anything is "in the eye of the beholder" is just a folksy way of saying something is a matter of personal opinion. Contract interpretation, while certainly having room for reasonable minds to differ, is not simply a matter of personal opinion. If you've read enough contracts, then you know this room for interpretation varies greatly depending on the quality and thoughtfulness of the drafting (with much less room where contracts are drafted carefully and skillfully, and much more room for interpretation where contracts are drafted with little skill or care).

But if you want to keep speculating at the contract terms based on your experience with media rights contracts, calling other people morons for taking a contrary position, or continue to disagree with the fairly tame proposition that you'd need to review the contracts to come to a legitimate conclusion, then have at it, guy. Whatever floats your boat.

EDIT: I need to keep reading these thread before I respond. Had I read what @The Franchise had to say at Post #108, I wouldn't have even responded.
 
No_Fly_Zone said:
To say anything is "in the eye of the beholder" is just a folksy way of saying something is a matter of personal opinion. Contract interpretation, while certainly having room for reasonable minds to differ, is not simply a matter of personal opinion. If you've read enough contracts, then you know this room for interpretation varies greatly depending on the quality and thoughtfulness of the drafting (with much less room where contracts are drafted carefully and skillfully, and much more room for interpretation where contracts are drafted with little skill or care).

But if you want to keep speculating at the contract terms based on your experience with media rights contracts, calling other people morons for taking a contrary position, or continue to disagree with the fairly tame proposition that you'd need to review the contracts to come to a legitimate conclusion, then have at it, guy. Whatever floats your boat.

EDIT: I need to keep reading these thread before I respond. Had I read what @The Franchise had to say at Post #108, I wouldn't have even responded.
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Judicial contract interpretation depends on the interpreter. The issue is not just drafting or reading, but actual disposition. The most clearly worded contract may not be interpreted in the manner the drafter would have thought obvious as the drafter is not the interpreter. I referenced football conference media rights contracts; those are on point when discussing what a team faces when leaving a conference.

If I called you, specifically, a moron I apologize. I do not know you and did not mean to do that. If I did so I am legitimately sorry.

If you are citing the Farce....well he is a moron. I do not apologize there.
 
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Midlo Cane Fan said:
I'm sure some high priced law firm could find a way to get them out.
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No they can’t. The poster you quoted was correct. schools can’t just “get out” of contracts.
I recognize that for some people on here speculating about universities leaving the most lucrative conference in American, The Big Ten, is interesting. And for that reason, enjoy.
But from an attorney’s perspective, the idea that a university could jut walk away and not pay millions upon millions in liquidated damages is too absurd to even discuss. It’s just flat out stupid.
 
Thread Reply Ban - Don’t Even Sniff the Word that starts with a P and rhymes with analytical.
King Slayer said:
Can't talk politics on this board anymore, it was only okay when most of CIS worshiped the orange baboon
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How is making a factual statement "talking politics?" Can you not say he has a spray tan, wears a combover, has multiple failed business ventures, a failed marriage, documented marital infidelity, was a game show host or is a twitter troll?

All of these things are true.
 
Ash Joshi said:
No they can’t. The poster you quoted was correct. schools can’t just “get out” of contracts.
I recognize that for some people on here speculating about universities leaving the most lucrative conference in American, The Big Ten, is interesting. And for that reason, enjoy.
But from an attorney’s perspective, the idea that a university could jut walk away and not pay millions upon millions in liquidated damages is too absurd to even discuss. It’s just flat out stupid.
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@Ash Joshi I posted this question earlier. It seems odd that the conference could not be held accountable for not providing an avenue for schools to fulfill their contract. But I'm no lawyer. What's your take on this?

maybe some of the lawyers on here can answer this.... if said members leave and are sued for breach of contract, could the Big 10 be sued for failure to provide said members with the opportunity to fulfill said contract?
 
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