|
|
Post by hottubbeaver on Nov 15, 2023 13:21:16 GMT -8
By the accounts I've seen, there was agreement between the 10 members of the PAC12 on signing the Apple Deal the next day. Was it unanimous or put to a vote? That I haven't seen. If UW and UO give their nod in that meeting, implied it, or actually voted in favor of it, then things get interesting in my view.
If they did any of those things and the association acted on their word in good faith, only to find out the next morning they had been deceived by UO and UW, and the resulting outcome was a collapse of the Apple deal along with the necessity felt to jump on the first empty seat offered before the music stopped, leading to rash unsound decision making, then it would appear to me the two parties (UO, UW) who lead the other 8 astray are culpable for any resulting financial damage.
|
|
|
|
Post by wilkyisdashiznit on Nov 15, 2023 13:25:10 GMT -8
By the accounts I've seen, there was agreement between the 10 members of the PAC12 on signing the Apple Deal the next day. Was it unanimous or put to a vote? That I haven't seen. If UW and UO give their nod in that meeting, implied it, or actually voted in favor of it, then things get interesting in my view. If they did any of those things and the association acted on their word in good faith, only to find out the next morning they had been deceived by UO and UW, and the resulting outcome was a collapse of the Apple deal along with the necessity felt to jump on the first empty seat offered before the music stopped, leading to rash unsound decision making, then it would appear to me the two parties (UO, UW) who lead the other 8 astray are culpable for any resulting financial damage. As I understand it, there was an understanding that the 10 were going to sign a Grant of Rights Agreement the next day with the assumption that they would keep working on the Apple deal to get to a final number. At best, it was an agreement to agree, which is not actionable. There was no final agreement. Therefore, there is no breach. There might be damages, but, without a breach, there can be no viable lawsuit. I would add that it has been my experience that fraud or intentional misrepresentations are very, very difficult causes of action to prove. |
|
|
|
Post by hottubbeaver on Nov 15, 2023 13:36:04 GMT -8
By the accounts I've seen, there was agreement between the 10 members of the PAC12 on signing the Apple Deal the next day. Was it unanimous or put to a vote? That I haven't seen. If UW and UO give their nod in that meeting, implied it, or actually voted in favor of it, then things get interesting in my view. If they did any of those things and the association acted on their word in good faith, only to find out the next morning they had been deceived by UO and UW, and the resulting outcome was a collapse of the Apple deal along with the necessity felt to jump on the first empty seat offered before the music stopped, leading to rash unsound decision making, then it would appear to me the two parties (UO, UW) who lead the other 8 astray are culpable for any resulting financial damage. As I understand it, there was an understanding that the 10 were going to sign a Grant of Rights Agreement the next day with the assumption that they would keep working on the Apple deal to get to a final number. At best, it was an agreement to agree, which is not actionable. There was no final agreement. Therefore, there is no breach. There might be damages, but, without a breach, there can be no viable lawsuit. I would add that it has been my experience that fraud or intentional misrepresentations are very, very difficult causes of action to prove. It would be interesting to see what, if anything, is in the conference by-laws regarding members representations and acting in good faith. |
|
|
|
Post by hometownbeaver on Nov 15, 2023 13:44:56 GMT -8
Didn't Colorado leave before UO and UW?
|
|
|
|
Post by wilkyisdashiznit on Nov 15, 2023 13:49:51 GMT -8
As I understand it, there was an understanding that the 10 were going to sign a Grant of Rights Agreement the next day with the assumption that they would keep working on the Apple deal to get to a final number. At best, it was an agreement to agree, which is not actionable. There was no final agreement. Therefore, there is no breach. There might be damages, but, without a breach, there can be no viable lawsuit. I would add that it has been my experience that fraud or intentional misrepresentations are very, very difficult causes of action to prove. It would be interesting to see what, if anything, is in the conference by-laws regarding members representations and acting in good faith. There is probably no requirement as to the latter. The conference must act in candor and good faith to its constituent members, but the members have no obligation to the conference or the other constituent members. The conference is created solely for the good of its members, not the other way around. Misrepresentations also probably are not covered in the bylaws. But misrepresentations can be legally actionable. Generally, you cannot knowingly (or sometimes even recklessly or negligently) lie, if it is reasonable to assume that it will cause another bodily or financial harm, regardless of what bylaws say. |
|
|
|
Post by wilkyisdashiznit on Nov 15, 2023 13:50:02 GMT -8
Didn't Colorado leave before UO and UW? Yes, you are right. 9 were going to agree to a Grant of Rights before the whole thing fell through. |
|
