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Nebraska to acc Ohio to sec ?

Miami[]_[]Smoke said:
Force majeure
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Force majeure is nice in theory but in practice almost never serves as a valid excuse for performance. It’s so narrowly construed and courts are reluctant to dictate anything was truly impossible. I don’t anticipate courts will let a wave of COVID-19 cases result in a force majeure defense, but it is a hot topic.

If other conferences are playing football in this climate, the Big 10 and PAC-12 cannot assert force majeure as an excuse for their conferences. They could play, it’s not impossible, and the proof is with the other conferences.
 
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rustywalkedaway said:
Actually I just ran that test. Shockingly you are incorrect. But perhaps you are correct and such system is only known to men.

"Junior", "son", and "bamboozle"? Seriously? Didn't you also tell someone to "Get to step-in' turdjones"? That's what you bring to the table? A mixture of what your grandfather says and what you heard in the cafeteria today?

Almost 41 THOUSAND posts and you still haven't actually added anything. Don't even you get tired of you?
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Keep lying. Sad.
 
No_Fly_Zone said:
Without seeing the contract, it is impossible to know for certain. I imagine the conference as well as the schools have responsibilities under the agreement, which could potentially come into play. For instance, if cancelling a season provides a termination option for any of the parties, that could be relevant. Also, if there are requirements/procedures for cancelling a season that were not followed to the letter of the contract, that may itself qualify as a breach of contract, thus allowing the schools to walk without penalty.

Also, drafting a liquidated damages provision isn't overly challenging, but actually enforcing one can be. There needs to be a logically defensible basis between the liquidated damages sought and the damages flowing from the contract. Otherwise, it won't be enforced. Which, again, will depend on that actual contract language.
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The bolded part is where my thinking went to. Who knows by what process the BigTen actually made the decision to cancel. Possibly, given today's news reports, the conference did not adhere to the contract terms with its member schools in reaching and announcing its decision. If the conference took action without proper authorization it could create an opening for schools like OSU and Neb to seek to terminate the agreement.

That said, if the BigTen conference cancelled the season without following a required process, well I'd be absolutely shocked. I have to imagine the lawyers for the BigTen were involved in the process and they're not going to put the conference at-risk by not adhering to the proper process. I'd also be highly surprised if there was not a well thought out dispute resolution process spelled out that would kick in prior to any one school being able to take unilateral action (such as leaving the conference).

And of course even this line of thinking is based on today's rumors that "no vote was taken", which may very well have no basis in fact, or it could be the case that the conference does not need a vote of its member schools to cancel a season. Hard to imagine the latter could be the case, but that's the point...it's pure speculation to discuss whether or not OSU and Neb could leave as this would be governed by specific clauses within the contract, which none of us are privy to.
 
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Miami[]_[]Smoke said:
Force majeure
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Maybe. Force majeure clauses are often explicitly spell out the applicable perils. Especially in the event that a certain peril is specifically named in another part of the contract, you're not likely to get a Court to excuse performance based on a force majeure argument. It is usually an argument of last resort.
 
The Franchise said:
You're a very majeure and evolved guy.
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Compared to you? Sure, but that is faint praise as most would be.

"Majeure and evolved guy"? Seriously? That was sad. But is the back row of your 7th grade class laughing with you? Because that is all that matters, right? By the way, they are not actually laughing with you....
 
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rustywalkedaway said:
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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A well to do Attorney....
 
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tdjones34 said:
who are you?
isnt calling someone a **** a violation, typical liberal
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See you on the other side td. The beta cuck (Franchise) did it to me too when I had no clue RVA made new rules.

All good though... I’ll gladly take a thread ban to now call out the beta cuck moving forward.
 
rustywalkedaway said:
Actually I just ran that test. Shockingly you are incorrect. But perhaps you are correct and such system is only known to men.

"Junior", "son", and "bamboozle"? Seriously? Didn't you also tell someone to "Get to steppin' turdjones"? That's what you bring to the table? A mixture of what your grandfather says and what you heard in the cafeteria today?

Almost 41 THOUSAND posts and you still haven't actually added anything. Don't even you get tired of you?

Finally, I am not familiar with Keiser or whatever that is. Is it one of your dream schools? If so work hard, finish middle school, and then talk to your counselor about a career path "son".
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He’s a beta cuck. Shouldn’t be any surprise that he (she?) brings little to no value. The schtick was up long ago to most of us.
 
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The Franchise said:
Beta cuck? This nerd’s been in hibernation since 2008.

Welcome to my Wounded Warrior tribe, b.
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Hibernation? Nah cucky..... some of us don’t have inferiority complexes like you and feel the need to make ourselves feel better by constantly clowning on a message board.

I think you’d be better served cranking up your corvette and getting to your law office. We all know your type beta boy....
 
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