Paying liquidated damages is not "fulfilling the contract"

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May 16, 2022
8:20:28pm

Goliath Truly Addicted User

It's paying damages for NOT fulfilling the contract

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Goliath

Previous username: Koolio
Bio page: Goliath
Joined: May 25, 2005
Last login: May 23, 2024
Total posts: 30,580 (1,790 FO)

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Messages

Author

Time

Maybe I'm old school, but what Tennessee just did is plain wrong. Y fans show

CrimsonCoug81

5/16/22 5:04pm

$EC. So much money you buy out games you don't want.

Grit for Brains

5/16/22 5:06pm

Now Tennessee is scheduled to play 8 games in Tennessee. $$$. But yes. Lame.

Benfica1

5/16/22 8:21pm

How much money do they make per home game?

Dan

5/16/22 5:11pm

Do the math, they easily make well beyond $2M per home game

mudpupper

5/16/22 5:34pm

The game will be in nashville, not in Knoxville

Adrielle

5/16/22 8:12pm

It's not "plain wrong". Contracts have buyouts. If you pay the buyout, you fulfill the contract. That's not plain wrong

molodyets

5/16/22 5:11pm

Agree, it's disappointing, but not "plain wrong". BYU took the chance in

Y-Zag

5/16/22 5:14pm

Yep. Set the buyout higher next time.

hebercreeper

5/16/22 5:15pm

I agree, it is not wrong. It can be sleezy, but ...

Dan

5/16/22 5:15pm

Yeah, but there's some unwritten rules

HRCougar

5/16/22 5:28pm

No it isn’t. BYU didn’t have to agree to the terms. This was part of the deal.

Ozymandias

5/16/22 5:32pm

It’s a yewt move. Legal, but a yewt move.

HRCougar

5/16/22 8:03pm

Did you feel the same way about BYU canceling the USU games?

Ozymandias

5/16/22 8:22pm

Completely different circumstance. BYU had to cancel 9 games to make room for

Benfica1

5/16/22 8:25pm

And? They still used a negotiated provision in the agreement to cancel a game.

Ozymandias

5/16/22 8:47pm

That’s true, what is the motive behind each event? One is based on being afraid…

The_Cuss

5/16/22 10:34pm

Of course not. There are a number of differences that make that comparison

HRCougar

5/16/22 8:35pm

Lol. So if BYU takes advantage of a negotiated provision, all is above board,

Ozymandias

5/16/22 8:46pm

Hey look! These two things are exactly the same!

HRCougar

5/16/22 8:58pm

Feel free to explain the material differences as to why one use of contractual

Ozymandias

5/17/22 5:08am

Why? What good would it do?

HRCougar

5/17/22 7:16am

Got it. You can’t.

Ozymandias

5/17/22 7:48am

It's not really last minute, especially considering our 2023 schedule gor blown

FieroCoug

5/16/22 8:37pm

Paying liquidated damages is not "fulfilling the contract"

Goliath

5/16/22 8:20pm

It's literally the exact same thing we just did to Utah State. It's business.

Manti

5/16/22 5:19pm

Not really the same.

Dan

5/16/22 5:23pm

And BYU had the out clause in all the contracts for joining a P5

Big12Yfan

5/16/22 5:32pm

I consider an "out" the same as a buyout. Both teams are following the contract.

Manti

5/16/22 5:38pm

Apples and oranges… byu told teams upfront they were backing out if x happens

Big12Yfan

5/17/22 1:41pm

also, didn't BYU cancel the same amount of games at home vs away with USU?

yballa09

5/16/22 7:12pm

Both schools followed the predetermined, agreed upon contract.

Manti

5/16/22 7:18pm

Ya at the end of the day it is what it is. But as fans feeling slighted,

yballa09

5/16/22 7:25pm

To each their own.

Manti

5/16/22 7:30pm

Wrong. We did it because we had to get rid of games. Tennessee did it cause

SaintGeorgeYFan

5/16/22 8:14pm

They did it because they can make a lot more money playing the game we're being

Manti

5/16/22 10:21pm

If you ask me. BYU came out on top. We got paid $2 million to go beat them on

Powerbait DPM

5/16/22 5:20pm

It's the dog's breakfast that is college football. Caste and maneuvering.

Cougar Junkie

5/16/22 5:22pm

RE: Maybe I'm old school, but what Tennessee just did is plain wrong. Y fans

EtTuKalante

5/16/22 5:24pm

Tennessee? Not wrong. Notre Dame? Wrong.

Niiineteeen84

5/16/22 5:26pm

Why is it wrong? It was a part of the agreement.

Ozymandias

5/16/22 5:30pm

Just because there is a damages clause doesn't mean it's not wrong to

Goliath

5/16/22 5:42pm

Lol. It is an operable part of the agreement. Not sure why it is somehow wrong

Ozymandias

5/16/22 5:45pm

All damages clauses are "operable parts of the agreement"

Goliath

5/16/22 5:50pm

You are upholding the bargain. It is part of the bargain. It’s right there in

Ozymandias

5/16/22 5:55pm

If you don't think morality or ethics exist outside of the legal framework

Goliath

5/16/22 5:59pm

This is a term inside the agreement itself. Why would I consider things outside

Ozymandias

5/16/22 6:02pm

Dude, it's no different than any other contract. Sure they contain liquidated

Goliath

5/16/22 6:11pm

Lol. What is lost here is that you think that contracts should be governed by

Ozymandias

5/16/22 6:16pm

I am not disagreeing with you when looking at the issue case by case

Dan

5/16/22 6:28pm

If you only asked for $1000 deposit, you should realize that there is a very

Ozymandias

5/16/22 7:26pm

You are staring at a tree and ignoring a forest

Dan

5/17/22 11:19am

I guess I don’t understand your hypothetical. We they required to make an

Ozymandias

5/17/22 1:32pm

Yeah, I get it

Dan

5/17/22 2:15pm

Then the simple solution is to negotiate the terms you feel you need into the

Ozymandias

5/17/22 2:36pm

This has been explained to him by multiple people over and over

Goliath

5/17/22 5:50pm

Okay. Hopefully you don’t represent clients this way. Their loss when you rely

Ozymandias

5/17/22 6:47pm

Just because you're completely unaware of an entire field of contract law and

Goliath

5/16/22 6:33pm

Lol. Good luck representing clients without writing wanted provisions into an

Ozymandias

5/16/22 6:52pm

Look ... it is not "wrong", but it is not a good long term business model

Dan

5/16/22 6:15pm

Disagree. College football will be fine. Teams would respond by adding more and

Ozymandias

5/16/22 6:17pm

That is why it is only certain schools that can get away with it over and over

Dan

5/16/22 6:30pm

RE: Maybe I'm old school, but what Tennessee just did is plain wrong. Y fans

trigg3r

5/16/22 5:58pm

Yep..just like ND probably didn't intend to give a return game in Provo.

BlooCoog

5/16/22 6:40pm

Except Tennessee paid us for the cancelation. ND didn't

FieroCoug

5/16/22 8:38pm

ND offered to pay many times, year after year. BYU begged ND not to pay

NYC and Japan

5/16/22 11:00pm

It would bother me more if we were not heading into the Big XII

Traveling Coug

5/16/22 7:25pm

You're sounding like last week's Aggie fans.

ochobeeguy

5/16/22 7:53pm

Maybe not "wrong" per se, but weak.

Benfica1

5/16/22 8:22pm

We had such an amazing experience at the Tennessee game. They now suck.

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