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

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May 16, 2022
6:16:04pm

Ozymandias All-American

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

something external to an agreement itself even if that goes against the written terms of the agreement itself. Some magical code of rules that namelessly and without reference apply.

If you rely on those rules rather than implementing actual language into an agreement, any loss is on you and you alone.

This message has been modified

Originally posted on May 16, 2022 at 6:16:04pm

Message modified by Ozymandias on May 16, 2022 at 6:18:52pm

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Ozymandias

Previous username: imanihonjin
Bio page: Ozymandias
Joined: Oct 9, 2006
Last login: Apr 27, 2024
Total posts: 28,141 (1,273 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.

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.

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.

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

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.

kerm

5/16/22 9:02pm

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