Anyong Bluth |
10-12-2011 09:34 PM |
Quote:
Originally Posted by Saul Good
(Post 7988778)
This all bolsters our case. Missouri can go to court and say that they were treated in a hostile manner by a conference that should be acting as an advocate. After all, MU is still a member in good standing, has broken no rules, has not stated any intention to withdraw, and has not applied for membership of any other conference.
What we are receiving is nothing short of abuse by the commissioner. Why the **** would we stay in a conference that treats its remaining members this way?
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WTF !?!? Geezus there are so many posts on here that are absurdly laughable debating the penalties with some crackpipe legal analysis, and some rather delusional justifications going on.
1st, the Big 12 can seek the maximum penalty for MU leaving. Each member signed the contract and has a duty specific to the contract. I don't know if that's 25 mil or whatever it is, but nothing legally restricts the B12 from going after the max / more than 6 mil. Last year the remaining members SETTLED with CU & NU on 6 mil. That doesn't mean that the contract was ratified as the new max, just that they agreed on a price for the B12 to not seek further legal action- a decision that would be cleared by all the remaining member institutions including MU. So there is little room to claim that defense since they were a party to its proceeding last year.
Contract disputes can be enforced, broken, seek damages or specific performance or otherwise remedy thru equitable justice. If the lang of the contract regarding the damages section spells out a percentage, then the figure could be higher than 25 mil, but I doubt that would be the case. If it went to court the judge has discretion so long as there is no unjust enrichment.
As to the B12 Commish's comment, how are they out of line when MU held a news conf stating their intention to explore switching confs. He is well within his duty and legal standing to respond to questions since its an ongoing and unsettled matter of the B12 once MU made their announcement and it looks like competing factions within MU are leaking info left and right to either push MU to go or try to kill the chances of it.
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