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Mr. Plow 10-26-2011 12:51 PM

Quote:

Originally Posted by mikeyis4dcats. (Post 8050683)
ah, so only what's on paper counts?


An oral contract is a contract the terms of which have been agreed by spoken communication, in contrast to a written contract, where the contract is a written document. There may be written, or other physical evidence, of an oral contract – for example where the parties write down what they have agreed – but the contract itself is not a written one





Is an Oral Contract as Good as a Written Contract?


An Oral Contract is as legally binding as a Written Contract, the issue with an Oral Contract is in proving its existence. To begin, the existence of a Written Contract is fairly obvious, either there is a writing or there isn’t. An oral contract, by definition, does not have a writing to support its terms, conditions or even existence. So how can we prove that it exists? One way is to use witness testimony. If A and B enter into an oral agreement, and C and D are present at the time the oral contract is made, C and D can be used to prove the existence of the oral contract. Their testimony that they heard the terms of the agreement will be sufficient to prove the existence of an Oral Contract.

Pants 10-26-2011 12:53 PM

Plow loves giving oral contracts.

Saulbadguy 10-26-2011 12:53 PM

This thread is about to be swept up by an AIDS Tsunami.

|Zach| 10-26-2011 12:53 PM

A&M President...

http://www.12thmanfoundation.com/mem...d-article.aspx
The early June meeting of the Big 12 board in Kansas City, (Big 12 commissioner Dan Beebe) had all the presidents, chancellors and all the athletic directors in one room. There were 24 of us there, plus Beebe and a few of his staff. Beebe polled the board and said he wanted us to declare whether we were committed to the Big 12 or not.

Three schools didn’t commit at that point, and the answer I gave was different from everyone else’s. I said that A&M was committed to the Big 12 as it is today. I chose those words very carefully. Since then, I have been accused of being a liar because I committed based on a 12-team conference as it was structured in June 2010. I said my words very carefully because I was not going to set myself into a situation where the conference was radically changed and we would be committed to being in a conference we didn’t really want to be a part of.

Saulbadguy 10-26-2011 12:53 PM

Quote:

Originally Posted by Pants (Post 8050712)
Plow loves giving oral contracts.

HIGH FIVE

Mr. Plow 10-26-2011 12:53 PM

Quote:

Originally Posted by Pants (Post 8050712)
Plow loves giving oral contracts.


You're girlfriend enjoys them.

|Zach| 10-26-2011 12:55 PM

No large entity will get nailed by an oral contract.

DJ's left nut 10-26-2011 12:56 PM

Quote:

Originally Posted by mikeyis4dcats. (Post 8050706)
and what's on paper points to about $25 million in fees, right?

This has already been discussed. Several times, in fact. The contract is governed by by-laws which are poorly written and arguably unenforceable. If there is a legal challenge, there's a good chance that the liquidated damages provision doesn't stand up at all. I've already explained why, but as I've noted, I'm pretty sure some of you don't read any posts that you don't write.

Quote:

Originally Posted by Mr. Plow (Post 8050707)
An Oral Contract is as legally binding as a Written Contract, the issue with an Oral Contract is in proving its existence.

Well shit, if Wikipedia says so....

(Yeah - that's not accurate. Not even a little bit)

Saulbadguy 10-26-2011 12:56 PM

Quote:

Originally Posted by |Zach| (Post 8050724)
No large entity will get nailed by an oral contract.

Except your mom.

ZING

Mr. Plow 10-26-2011 12:57 PM

Quote:

Originally Posted by DJ's left nut (Post 8050726)
Well shit, if Wikipedia says so....

(Yeah - that's not accurate. Not even a little bit)

Wasn't Wikipedia. Some random blog. Boom!

DJ's left nut 10-26-2011 12:58 PM

Quote:

Originally Posted by |Zach| (Post 8050724)
No large entity will get nailed by an oral contract.

Because virtually every contract a large entity enters into would be subject to the SOF (by the mere nature of the needs of a massive legal entity).

Additionally, as there was an existing contract in place (which was never put into Breach by MU or any other of the remaining members), you're really talking about a novation here, which would absolutely require a writing to be enforceable.

This argument is really really dumb. Then again, that appears to be the sole purview of Mikey at this point, so I shouldn't be too terribly surprised.

DJ's left nut 10-26-2011 12:58 PM

Quote:

Originally Posted by Mr. Plow (Post 8050731)
Wasn't Wikipedia. Some random blog. Boom!

I am shamed.

mikeyis4dcats. 10-26-2011 12:58 PM

I know about contracts, I do write contracts routinely. I am not a lawyer.

But you can't argue both ways, you either go for the strict interpretation or you go for the "intent". MU wants it both ways.

Mr. Plow 10-26-2011 01:00 PM

Quote:

Originally Posted by DJ's left nut (Post 8050735)
I am shamed.


Are you trying to tell me that random blogs are not 100% accurate?

Saul Good 10-26-2011 01:02 PM

Quote:

Originally Posted by mikeyis4dcats. (Post 8050706)
and what's on paper points to about $25 million in fees, right?

No. Its pretty clear you are completely unfamiliar with the bylaws.

Http://big12sports.com/fls/10410/pdf...ook/bylaws.pdf

Pay special attention to 1.2.2 and 3.3 before acknowledging that I'm correct.


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