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-   -   MU ****The official NEW new conference realignment thread.**** (https://www.chiefsplanet.com/BB/showthread.php?t=255691)

Saul Good 02-16-2012 11:36 AM

Quote:

Originally Posted by DJ's left nut (Post 8377637)
AWESOME!

Now we're imparting vicarious liability from the Governor onto the University?!?!? I'm not even going to go into the ways that would be legally impossible in this instance, but trust me - it is.

Jesus Christ, please stop. I'm begging you, just stop. You clearly have no earthly idea what you're talking about. Again - we don't have to wait and see, we can affirmatively state right now that you have no goddamn clue what you're talking about.

Wrong, DJ. It can be done "easily" by a lawyer. Lawyers do lawyery things, and the courts are all "damn!"

Bambi 02-16-2012 11:36 AM

Quote:

Originally Posted by DJ's left nut (Post 8377637)
AWESOME!

Now we're imparting vicarious liability from the Governor onto the University?!?!? I'm not even going to go into the ways that would be legally impossible in this instance, but trust me - it is.

Jesus Christ, please stop. I'm begging you, just stop. You clearly have no earthly idea what you're talking about. Again - we don't have to wait and see, we can affirmatively state right now that you have no goddamn clue what you're talking about.

Cool. Missouri should leave without paying a dime.

Can't wait to see.

Sooner the better in my opinion.

DJ's left nut 02-16-2012 11:38 AM

Quote:

Originally Posted by Wickedson (Post 8377663)
Cool. Missouri should leave without paying a dime.

Can't wait to see.

Sooner the better in my opinion.

:doh!:

Do you think it's the smoke coming out of the airplane that makes it fly? Just askin'...

Saul Good 02-16-2012 11:44 AM

Quote:

Originally Posted by Wickedson (Post 8377663)
Cool. Missouri should leave without paying a dime.

Can't wait to see.

Sooner the better in my opinion.

I'm so glad you're a KU fan. Your fellow KU fans must feel the same way I feel about sports shrink in DC. The association alone makes everyone else look bad.

Frazod 02-16-2012 11:45 AM

I realize Missouri will have to pay something, but I really don't see why it would need to be some outrageous amount.

The Big XII is only one big happy family in Wickedson's tiny little mind. There are the schools that wanted to leave but couldn't because the Pac-12 wisely came to their senses, the schools nobody else wants, and the castoffs that have no idea what they're getting into. But however dysfunctional they may be, they've moved on, have new members and a full schedule for next year's season.

There are no damages here, beyond KU butthurt, which really doesn't rate any consideration, monetary or otherwise. It's not like Missouri's absense left Big Texas teetering on the brink of ruin.

Bambi 02-16-2012 11:57 AM

Quote:

Originally Posted by frazod (Post 8377683)
I realize Missouri will have to pay something, but I really don't see why it would need to be some outrageous amount.

The Big XII is only one big happy family in Wickedson's tiny little mind. There are the schools that wanted to leave but couldn't because the Pac-12 wisely came to their senses, the schools nobody else wants, and the castoffs that have no idea what they're getting into. But however dysfunctional they may be, they've moved on, have new members and a full schedule for next year's season.

There are no damages here, beyond KU butthurt, which really doesn't rate any consideration, monetary or otherwise. It's not like Missouri's absense left Big Texas teetering on the brink of ruin.

Don't get me wrong.

Personally I have no pressing desire to try and drain MU and A&M for as much as possible. It's not like I myself would see a dime.

The schools that did not want to be apart of the schools they've been associated with for over 100 years have left. As a fan I'm interested in competing with schools that want to be apart of what my school represents.

Did I think that this would mean having to compete with better football programs? Not really. But it is what it is. You're right, a new schedule is in place and it is time for all to move on.

And yes, I understand that Missouri will be paying something. It's a rule in the by laws of the conference.

And no, this does not mean that the Big 12 conference has won some legal battle once a check is written (or payments are withheld). However it works out.

DJ's left nut 02-16-2012 12:11 PM

Quote:

Originally Posted by Wickedson (Post 8377704)
Don't get me wrong.

Personally I have no pressing desire to try and drain MU and A&M for as much as possible. It's not like I myself would see a dime.

The schools that did not want to be apart of the schools they've been associated with for over 100 years have left. As a fan I'm interested in competing with schools that want to be apart of what my school represents.

Did I think that this would mean having to compete with better football programs? Not really. But it is what it is. You're right, a new schedule is in place and it is time for all to move on.

And yes, I understand that Missouri will be paying something. It's a rule in the by laws of the conference.

And no, this does not mean that the Big 12 conference has won some legal battle once a check is written (or payments are withheld). However it works out.

The 'rule' is an attempted liquidated damages provision. Contract law does not allow for punitive provisions in a contract (it encourages 'efficient breach'). So for the 'rule' in the bylaws to have legal effect, the conference will have to establish that the damages of a team leaving the conference are difficult to ascertain and that the liquidated damages provision is a reasonable approximation of what those damages would be (i.e. not a penalty provision).

In other words - MU's intent in leaving is absolutely irrelevant unless you're pursuing a tort claim or something, which would be pretty insane as you'll never prove it up. Instead they'll want to proceed on the K claim. Now if MU can establish that the liquidated damages don't approximate the damages that the IIX suffered in Mizzou leaving (i.e. all that nonsense that Neinas, and you, have been spewing about the conference being stronger without Mizzou), then you're going to have a damn hard time getting those damages awarded. At that point, the damages provision would be read as strictly punitive.

The IIX is going to have to do a hard left and backtrack from their "we're better without Mizzou" if they hope to enforce those terms. And then they'll need to explain how it's 'reasonable' to base the damages on the lost revenue of a television rights deal that wasn't actually altered when Mizzou left.

In other words - in contract law, yeah - you can absolutely "just **** with people and walk away" if the plaintiff isn't actually worse off for your leaving; and if you listen to the hired representative and chief agent of the IIX, they aren't. And no, Missouri hasn't done a stupid thing at all because the law of contracts encourages efficient breach.

Again - just stop.

Frazod 02-16-2012 12:13 PM

Quote:

Originally Posted by Wickedson (Post 8377704)
Don't get me wrong.

Personally I have no pressing desire to try and drain MU and A&M for as much as possible. It's not like I myself would see a dime.

The schools that did not want to be apart of the schools they've been associated with for over 100 years have left. As a fan I'm interested in competing with schools that want to be apart of what my school represents.

Did I think that this would mean having to compete with better football programs? Not really. But it is what it is. You're right, a new schedule is in place and it is time for all to move on.

And yes, I understand that Missouri will be paying something. It's a rule in the by laws of the conference.

And no, this does not mean that the Big 12 conference has won some legal battle once a check is written (or payments are withheld). However it works out.

I love the way you just ignore the fact that there WOULD BE NO BIG XII had the Pac-12 accepted Texas, OU, Okie Light and Tech. It would be over. Texas, Texas Tech, Texas A&M and Baylor have absolutely nothing to do with that 100 years shit you keep bleating about. The only modern era members dating back to 1907 are KU, MU and Nebraska, which is already gone. You do realize that, right? Seriously, this century of solidarity shit you're running pushes the boundaries of dumbass, even for you.

Bambi 02-16-2012 12:14 PM

Quote:

Originally Posted by DJ's left nut (Post 8377715)
The 'rule' is an attempted liquidated damages provision. Contract law does not allow for punitive provisions in a contract (it encourages 'efficient breach'). So for the 'rule' in the bylaws to have legal effect, the conference will have to establish that the damages of a team leaving the conference are difficult to ascertain and that the liquidated damages provision is a reasonable approximation of what those damages would be (i.e. not a penalty provision).

In other words - MU's intent in leaving is absolutely irrelevant unless you're pursuing a tort claim or something, which would be pretty insane as you'll never prove it up. Instead they'll want to proceed on the K claim. Now if MU can establish that the liquidated damages don't approximate the damages that the IIX suffered in Mizzou leaving (i.e. all that nonsense that Neinas, and you, have been spewing about the conference being stronger without Mizzou), then you're going to have a damn hard time getting those damages awarded. At that point, the damages provision would be read as strictly punitive.

The IIX is going to have to do a hard left and backtrack from their "we're better without Mizzou" if they hope to enforce those terms. And then they'll need to explain how it's 'reasonable' to base the damages on the lost revenue of a television rights deal that wasn't actually altered when Mizzou left.

In other words - in contract law, yeah - you can absolutely "just **** with people and walk away" if the plaintiff isn't actually worse off for your leaving; and if you listen to the hired representative and chief agent of the IIX, they aren't. And no, Missouri hasn't done a stupid thing at all because the law of contracts encourages efficient breach.

Again - just stop.


What is the IIX?

Bambi 02-16-2012 12:19 PM

Quote:

Originally Posted by frazod (Post 8377718)
I love the way you just ignore the fact that there WOULD BE NO BIG XII had the Pac-12 accepted Texas, OU, Okie Light and Tech. It would be over. Texas, Texas Tech, Texas A&M and Baylor have absolutely nothing to do with that 100 years shit you keep bleating about. The only modern era members dating back to 1907 are KU, MU and Nebraska, which is already gone. You do realize that, right? Seriously, this century of solidarity shit you're running pushes the boundaries of dumbass, even for you.

Texas - Texas A&M first played in 1894

Texas Tech - Texas A&M first played in 1927

Kansas - Missouri first played in 1891

Texas A&M and Baylor first played in 1899

So yeah, you're wrong. Many long time series are being destroyed with these moves.

I hope it was worth it for you.

DJ's left nut 02-16-2012 12:22 PM

Quote:

Originally Posted by frazod (Post 8377718)
I love the way you just ignore the fact that there WOULD BE NO BIG XII had the Pac-12 accepted Texas, OU, Okie Light and Tech. It would be over. Texas, Texas Tech, Texas A&M and Baylor have absolutely nothing to do with that 100 years shit you keep bleating about. The only modern era members dating back to 1907 are KU, MU and Nebraska, which is already gone. You do realize that, right? Seriously, this century of solidarity shit you're running pushes the boundaries of dumbass, even for you.

The same LHN that almost destroyed the IIX is what ended up saving it.

Once that thing fails, UT and OU are headed west. OSU and TTU can come along for the ride if they'd like.

Though at that point KU would still probably end up in the B1G; I just can't see them getting left out altogether - there aren't that many schools that do anything well left, so at least KU doing one thing well will get them the nod.

I'd still get a kick out of them spending a year or 2 in MWC limbo, though. Ultimately it would serve them right and maybe take the entitled shitheads down a peg.

Bambi 02-16-2012 12:23 PM

Quote:

Originally Posted by Saul Good (Post 8377679)
I'm so glad you're a KU fan. Your fellow KU fans must feel the same way I feel about sports shrink in DC. The association alone makes everyone else look bad.

I'm so glad you're a MU fan. You're constant obsession with everything KU makes us all realize we're doing something right.

Or at least something you'd like to be apart of. Shit, you live in the state for God's sake.

Bambi 02-16-2012 12:25 PM

Quote:

Originally Posted by DJ's left nut (Post 8377737)
I'd still get a kick out of them spending a year or 2 in MWC limbo, though. Ultimately it would serve them right and maybe take the entitled shitheads down a peg.


Talk about butthurt.

DJ's left nut 02-16-2012 12:35 PM

Quote:

Originally Posted by Wickedson (Post 8377747)
Talk about butthurt.

C'mon - hoss, keep on giving us that Perry Mason doctrine.

I was learning a great deal from it. You and KC_Connection have been fantastic teachers of late. Braincase has even stepped in to teach us the intricacies of lessons learned coaching middle-school girls basketball to gauge the appropriate effort of division one basketball teams using nothing but the box scores!

The knowledge you fellas are dropping on us these last several days has just made us all demonstrably better for your efforts. Thank you, Beakers - thank you so very much for all that which you have bestowed upon us.

patteeu 02-16-2012 12:50 PM

Quote:

Originally Posted by Wickedson (Post 8377730)
Texas - Texas A&M first played in 1894

Texas Tech - Texas A&M first played in 1927

Kansas - Missouri first played in 1891

Texas A&M and Baylor first played in 1899

So yeah, you're wrong. Many long time series are being destroyed with these moves.

I hope it was worth it for you.

The schools who are destroying these long-time series are the ones refusing to continue them, not Missouri or Texas A&M.


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