- Joined
- Dec 22, 2011
- Messages
- 43,917
I hate the Gators as much as the next guy, but we should actually be aligned with UF here. Let me explain. This is potentially a bad precedent and might even hurt UM more than other places, considering how ahead of the game we are on NIL (or reliant on it).
Consider this. Let's assume a coach, in selling his school over a rival, tells a recruit, "come here because we have a great NIL package awaiting you, and lots of donors and businessmen that will want you to promote/market their product." The player is a middling player and later sues, claiming that he was misled and no donors or businessmen stepped up and that had he gone elsewhere, he would have done better. Its really dangerous to make selling points (the legal term is puffery) actionable claims that players can bring.
Or, a more concrete example. Which apparently is pretty close to what happened at UF.
Let's assume we're fighting for a recruit with OSU. OSU has offered $500,000. Cristobal receives a commitment from local businessman or UM collectivel it'll up the ante and do $600,000. Cristobal merely conveys that if player commits, player will do $100K better here than elsewhere. No lie is told. But Cristobal isn't offering actual "UMiami" funds, nor has Cristobal verified source of funding and how legitimate it is. Player commits. NIL source bails. Now what? Can player sue MC because MC was told and accurately relayed that UM collective would do $100K better. That's risky.
Kids should not be misled but allowing something like this also opens up a huge can of worms and possibilities for a lot of "he-said-he-said" and varying accounts between player and coach about what was actually said.
Wrong.
Wrong wrong wrong wrong wrong.
Jaden Rashada had a signed and enforceable contract with the Miami Collective. The actions of Slingblade Billy and Angel of Death Hugh Hathnocock constitute tortious interference with a contract.
SEPARATELY, after the Gator Collective and Hathnocock repudiated the FLORIDA NIL contract 25 days after it was signed, they fraudulently led Jaden Rashada to believe that the ONLY reason for the repudiation of the contract was because they needed to change the payor from Velocity Automotive to Hugh Hathnocock personally. These lies convinced Jaden Rashada to eventually sign his LOI, a separate legally-binding contract.
Collectively, these two actions (convincing Jaden Rashada to breach his Miami Collective contract while also breaching the Florida Collective contract 25 days after it was signed for no valid reason under the contract) left Jaden Rashada unable to enroll and/or secure a replacement NIL contract within the desired time frame, and cost him, at a bare minimum, the amount he would have been paid under the Miami Collective contract.
This is NOT about "offers".
This IS about signed contracts. And false PROMISES to pay which cause delay and detrimental reliance.