CoaxialOrange
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It's a legal concept called "repudiation," where one party takes action that indicates his intent not to honor the provisions of the contract. When a contract is successfully repudiated, it cannot be enforced against the other party, but that other party could possibly seek relief for the repudiation.
Again, sorry to revisit law school with everyone.
I explained in detail a few posts back. Click on my name and look for my long post where I give an example about me hiring knuck.
Ive been thinking along these lines regarding any alleged MOU or contract with Gruden. When you get into discussions of apparent authority, Gruden could have a case for damages even if he never actually had formal contact with UT or there is no document with Curries signature on it.
For all of the non-lawyers, courts can find damages base on formal contracts, agreements written on the back of a napkin, oral agreements, etc., if one party relied on it to their detriment. So if Gruden was dealing with a booster to come up with the rough outline of what would later possibly become an MOU or contract, if an agreement was reached, and Gruden reasonably believed the booster had the authority to speak for UT, and then relied on that agreement to buy a house, unwind endorsement deals, etc. then there could be a real problem here.
The real question is, if this is the case, can this potentially massive exposure for UT not be used as further leverage for a leadership change in order to just honor the deal with Gruden?
A lot of people were saying that they didn't think the university was capable/willing to hire anybody worth a dang. That it was going to be like the hires of doo and butch.
I was thinking, just give them a chance. Different admin is here this time, and I really felt good about Gruden.
But this could not be any more of a disaster. The common denominator throughout these hires is the Haslams. Then and now.
Until their reign of power is over, I can't see anything changing for the better.
I wondered the same thing. The boosters had to know Haslam could pull something like this as he did previously. I just keep thinking back to AV post after the Calhoun fiasco, he didn't sound like anything had been signed- in fact he said you can't force someone or something along those lines...
Ive been thinking along these lines regarding any alleged MOU or contract with Gruden. When you get into discussions of apparent authority, Gruden could have a case for damages even if he never actually had formal contact with UT or there is no document with Curries signature on it.
For all of the non-lawyers, courts can find damages base on formal contracts, agreements written on the back of a napkin, oral agreements, etc., if one party relied on it to their detriment. So if Gruden was dealing with a booster to come up with the rough outline of what would later possibly become an MOU or contract, if an agreement was reached, and Gruden reasonably believed the booster had the authority to speak for UT, and then relied on that agreement to buy a house, unwind endorsement deals, etc. then there could be a real problem here.
The real question is, if this is the case, can this potentially massive exposure for UT not be used as further leverage for a leadership change in order to just honor the deal with Gruden?
This is basically like a law school exam question. haha. First off, I cannot believe I am analyzing a contract that may or may not exist and of which I do not know the terms. Despite the foregoing, the issue in both cases really boils down to damages. If on some off-chance, there really was an MOU with both Gruden and Schiano, I do not presently see how UT could have massive exposure relating to Gruden because we could presently honor the terms of the original agreement since we do not have a coach.
That makes sense- Schiano isn't our coach thank God so why couldn't the original agreement be upheld and Currie fired with cause for exposing the university to such detriment?
That makes sense- Schiano isn't our coach thank God so why couldn't the original agreement be upheld and Currie fired with cause for exposing the university to such detriment?
Once Currie repudiated any prior agreement by signing with Schiano, he legally can't walk back and say "Psych! I bailed on Schiano, now let's go back to that agreement I asked you to sign before. We still good, right?"
Once Currie repudiated any prior agreement by signing with Schiano, he legally can't walk back and say "Psych! I bailed on Schiano, now let's go back to that agreement I asked you to sign before. We still good, right?"
Edit: I mean, I suppose Currie COULD try that. In which case he would likely be met with the ole "double Rashaan Gaulden." He can't enforce that prior agreement once he repudiates it.
Once Currie repudiated any prior agreement by signing with Schiano, he legally can't walk back and say "Psych! I bailed on Schiano, now let's go back to that agreement I asked you to sign before. We still good, right?"
Edit: I mean, I suppose Currie COULD try that. In which case he would likely be met with the ole "double Rashaan Gaulden." He can't enforce that prior agreement once he repudiates it.