Saul Good |
10-13-2011 06:19 AM |
Quote:
Originally Posted by Anyong Bluth
(Post 7990723)
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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Yes, they settled for an agreed amount of damages. You can pretend that those numbers won't be used as a starting point for determining damages in the future, but that's not a very bright position.
Missouri gave Deaton the authority to explore options. So fuccking what? Its not the Big XII's place to make sure that MU never looks around. I have a phone contract with Sprint, but I'm checking out AT&T. That's none of Sprint's business.
Missouri has made no official movement towards exiting the conference, and until they do, it is the conference's duty to act in the best interests of all of its members. You are welcome to believe that public threats against amember in good standing that has publicly said nothing beyond "we are proud members of the Big XII" won't be seen as the conference violating its duty to a member, but I think you're silly.
In all liklehood, Neinas knows that MU is out the door and wants to push them out so that they can start finding new members. MU has nothing to gain by leaving early. They longer we wait, the more aggressive Neinas gets, and the stronger our case becomes when we say that we didn't jump, we were pushed.
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