Just Found Out Why Conferences Are Dictating Schedules

[Wild Turkey]

Most out of conference agreements to play have a Force Majeure clause that allows them out of the contracts with no penalty. Most of those list things like war, forces of nature, insurrection, terrorism but also order of government body which includes the NCAA and conference offices.

Basically this gave the teams an out with no financial liability. For example Auburn could have been on the hook for 4.25m owed to teams we cancelled on but now don't have to pay.

I imagine if they had go plus one the teams left out would have had cause to sue if the desired. Will be interesting if some of the other leagues find themselves in this situation.

 

[Blackshirts BLVD]

 

[Thiefery]

so, it was a business decision?

 

[Deep Creek]

I imagine if they had go plus one the teams left out would have had cause to sue if the desired.

That would be a last resort and have long term negatives if any school like mine chose to do such. In fact, I'm thinking even if we are to keep our game with Texas we will have to accept less than agreed to just because of limited attendance at DKR stadium. Sure, Texas can afford to pay us the entire amount, but....

Talk about biting the hand that feeds you. If we did try to sue, do you think we'd get another offer from Texas or from other P5 schools in the future?

 

[Wild Turkey]

That would be a last resort and have long term negatives if any school like mine chose to do such. In fact, I'm thinking even if we are to keep our game with Texas we will have to accept less than agreed to just because of limited attendance at DKR stadium. Sure, Texas can afford to pay us the entire amount, but....

Talk about biting the hand that feeds you. If we did try to sue, do you think we'd get another offer from Texas or from other P5 schools in the future?

Yeah. It’s too hard to schedule and you guys are a lot more attractive than many schools. You wouldn’t get Texas again but aTm probably gives you a multiple game deal.

 

[Gohogs14]

Wouldn't the virus itself qualify as a "force of nature"?

 

[Olyduck]

Wouldn't the virus itself qualify as a "force of nature"?

no it was man made and spread by the government

 

[Wild Turkey]

Wouldn't the virus itself qualify as a "force of nature"?

You could make that claim but you would have a hard time explaining why the virus was the cause of canceling OOC games but that you were fine to play conference games.

If you canceled the whole season then that claim would be valid but doesn't hold much water otherwise.

 

[DeafOranguntan]

You could make that claim but you would have a hard time explaining why the virus was the cause of canceling OOC games but that you were fine to play conference games.

If you canceled the whole season then that claim would be valid but doesn't hold much water otherwise.

I don't buy this. I haven't looked into this in depth, but I see a problem. Most P5 schools are public and so are legally state agencies. So if Alabama hasn't explicitly allowed this kind of suit, they get sovereign immunity. Even then a lot of states cap their damages very low. This is a random site discussing breach of contract cases in Texas. But the logic holds true for any state with small variations in waiver and damage caps. Caution: Contracting with Texas and Municipalities - Holmes Firm PC

 

[Wild Turkey]

I don't buy this. I haven't looked into this in depth, but I see a problem. Most P5 schools are public and so are legally state agencies. So if Alabama hasn't explicitly allowed this kind of suit, they get sovereign immunity. Even then a lot of states cap their damages very low. This is a random site discussing breach of contract cases in Texas. But the logic holds true for any state with small variations in waiver and damage caps. Caution: Contracting with Texas and Municipalities - Holmes Firm PC

Ex-coaches sue atheletic departments all the time. If your premise was true then schools would never pay any coach's buyout because their contracts would be worthless. That's a whole lot of thought you sent in the wrong direction.

 

[DeafOranguntan]

Ex-coaches sue atheletic departments all the time. If your premise was true then schools would never pay any coach's buyout because their contracts would be worthless. That's a whole lot of thought you sent in the wrong direction.

It does not happen "all the time." The big case that's relevant right now on that is Beaty suing Kansas. But we'll see what the Tenth Circuit says about their sovereign immunity argument (which they did raise in the District Court) when it's on appeal. At any rate, do you lack so little imagination that you can't see how suing a state for a breach of a schedule game could be a different kind of waiver from the employment context? I could easily see a state waiving immunity to allow their employees to sue. Not quite the same.

 

[Wild Turkey]

It does not happen "all the time." The big case that's relevant right now on that is Beaty suing Kansas. But we'll see what the Tenth Circuit says about their sovereign immunity argument (which they did raise in the District Court) when it's on appeal. At any rate, do you lack so little imagination that you can't see how suing a state for a breach of a schedule game could be a different kind of waiver from the employment context? I could easily see a state waiving immunity to allow their employees to sue. Not quite the same.

Bielema is sueing Arkansas right now for stopping his payments.

Baylor settled with Briles because he sued.

Those are just off the top of my head and my statement stands.

 

[NolePride]

You could make that claim but you would have a hard time explaining why the virus was the cause of canceling OOC games but that you were fine to play conference games.

If you canceled the whole season then that claim would be valid but doesn't hold much water otherwise.

I'm going to0 agree with your analyst.

I thought teams were going to no OOC games because they can control both teams. They can shift games around
and reschedule after doing some shuffling. They cannot do that with an OOC team.

Plus they can order the teams to accept whatever payment the host team can make. I would imagine visiting teams
are coming for expenses only. (I doubt many will be staying at a Marriot. Probably a Holiday Inn.)

I believe it is a business decision. And a business decision is only solid when you can control it at both ends

 

[Thiefery]

Bielema is sueing Arkansas right now for stopping his payments.

Baylor settled with Briles because he sued.

Those are just off the top of my head and my statement stands.

Briles being in the dirt, knew how diry the admin was too smh. Still waiting for the investigation into what happened to be released to the public... they keep trying to push it back.

 

[Wild Turkey]

Briles being in the dirt, knew how diry the admin was too smh. Still waiting for the investigation into what happened to be released to the public... they keep trying to push it back.

Point is they are suing and the premise that coaches or other schools can't sue due to contract breaches is ridiculous. Normal everyday people have contracts with states and sue states and municipalities all the time.

Why do schools buyout games when they reschedule? They do it because they are liable if they don't. This isn't brain surgery.