Quote:
Originally Posted by Prison Bitch
That's what I'm referring to. If the GOR is real and KU really submits the next 12 years of revenue to the Big 12 or whoever, then that's a damage. KU could simply argue in court (as Maryland is doing) that they weren't damaging anyone and hence should only pay whatever ACTUAL harm they caused the Big 12.
Then again, I don't really believe in the GOR because I'd guess a contract with this length has an out clause.
I find it nearly impossible to believe that Fox has no recourse in a 10 year, 2B deal with the Big 12 other than hoping and wishing that the GOR holds up in court. MN says "They just won't pay". I doubt it's that simple. They have to have recourse vs. Texas if they challenge it, and try to bolt. Thus far networks haven't reduced their payouts upon membership changes....yet.
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This is not contract law. We are talking property rights.
In contract law, which the exit fees fall under, things can get gray and squirrelly with whether the fee was a good-faith estimate of damages, whether the fee was voted on legally, etc. Things could go either way there, but probably for UMD since that ACC fee looks grossly excessive.
The GOR falls under Property Rights, which is a whole 'nother animal in the law. Each school - SOLD - their rights to the big 12 for 13 years, and in exchange for selling those rights, they were "paid" for them in the form of a bigger contract. (without the GOR, it would not have been 20 per team)
As I said before, there is not a country on the planet that protects property rights more strongly than the USA. It would be like you selling me your car, and signing over title, then a couple years later asking a court to make me give you your car back. Unless there is some truly crazy circumstance I can't think of (I paid a demented 90-year old $5 for a brand-new Jag and her family wants it back maybe?), you simply cant do that. The car does not belong to you anymore, its my car.