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re: A&M wants it's $$$ or it's bolting for the SEC

Posted on 7/29/10 at 6:44 pm to
Posted by Quidam65
Q Continuum
Member since Jun 2010
20484 posts
Posted on 7/29/10 at 6:44 pm to
quote:

Sounds more like fraudulent inducement in that scenario haha. I like where you are going with that one though.


Good point. In any case you want more than one legal theory in your corner.

So far we have anticipatory repudiation (i.e., the Big XII is either unable or unwilling to follow through on its promises) and fraudulent inducement (i.e., the Big XII never intended to pay the money in the first place). Anyone else?
Posted by Corch Urban Myers
Columbus, OH
Member since Jul 2009
5993 posts
Posted on 7/29/10 at 6:46 pm to
I personally only want A&M and Texas. However the chances of us getting both are slim to none.
Posted by TigersOfGeauxld
Just across the water...
Member since Aug 2009
25057 posts
Posted on 7/29/10 at 6:47 pm to
quote:

I personally only want A&M and Texas.


I think if you took a poll right now, 90% would be against Texas in the SEC.

Posted by Corch Urban Myers
Columbus, OH
Member since Jul 2009
5993 posts
Posted on 7/29/10 at 6:48 pm to
quote:

I think if you took a poll right now, 90% would be against Texas in the SEC


Yeah, I know.
Posted by Monticello
Member since Jul 2010
16197 posts
Posted on 7/29/10 at 7:17 pm to
quote:

Good point. In any case you want more than one legal theory in your corner.

So far we have anticipatory repudiation (i.e., the Big XII is either unable or unwilling to follow through on its promises) and fraudulent inducement (i.e., the Big XII never intended to pay the money in the first place). Anyone else?



This is getting insane law school nerdy haha. But I would go something like this:

1. Anticipatory Repudiation: Nebraska argues they had legitimate reason to anticipate the Big 12 would imminently collapse and the contract would not be performed. Therefore no penalty is owed.

2. Fraudulent Inducement: aTm but not Nebraska argues the 20 million promise was nothing but a ploy to induce aTm to stay with the Big 12, when in reality Beebe knew he had little chance of finding the money. They could then leave without penalty and sue for damages; even sue for the money they lost by not taking the SEC's offer possibly.

3. Material Breach: none of this matters if aTm does not in fact get its 20 million and they can show that there was in fact a 20 million guarantee. They would then owe no penalty if they go to the SEC and could sue for damages.

4. Economic Duress: this would be a huge stretch and likely thrown out, but if Kansas gets left dry, they sue claiming they were put under economic duress by Texas when they agreed to the unequal revenue.

5. Invalid Modification: another huge stretch that goes along with economic duress, but Kansas says the agreement to let the Big 3 have the buyout money was invalid due to the Pre-Existing Legal Duty Rule; that the Big 3 already had a duty to split the buyouts equally from the original contract but that Kansas was put under economic duress and signed the new deal only because it was under economic duress with no true consideration given. Texas' "threat of breach" was a wrongful threat.

What sucks is the contract likely protects the schools from getting sued for almost all of these reasons hahaha

Posted by avondale88
Montgomery
Member since May 2009
2634 posts
Posted on 7/29/10 at 8:07 pm to
People, let's give this wish for any Texas school bolting to the SEC, a rational thought. I personally don't want ANY school from Texas in the SEC. Let's take a look at the history of every conference that involved the two major players in Texas. The old SWC broke up when ARKY saw the light and left. The all Texas conference quickly evaporated. I'm still surprised that ARKY stayed a member of that conference for the duration that it did. It was all Texas dominated. The BIG 8 conference was a major player in the college football world. Not long after that conference expanded and added schools from Texas, the conference is now on the brink of extinction. The SEC is not hard up for money. Let the Texas schools alone and if the SEC decides to expand, I bet that there are schools in the ACC that would be willing to enter. Since Bowden is gone, I bet that Florida State regrets its decision to join the ACC over the SEC. Bowden even stated that he didn't want to play Auburn and Alabama during the same season. I lived in Tampa for a number of years and I can tell you that the state of Florida has mostly an SEC following. Florida State was once a girl's school but even the grey hairs that move down there know a lot about UF and the SEC. Anything Texas will cause a conference to split up. Just remember the past and how big a player the old Big 8 was until the Texas schools came along. I bet Arky fans will agree with my post since they have a history with the Texas schools.
Posted by Herman Frisco
Bon Secour
Member since Sep 2008
17733 posts
Posted on 7/29/10 at 8:13 pm to
The only two teams offered by the SEC were Ta&m and OU. OU said they were going with UT. Ta&m would be the only team the SEC would take because they would bring the D FW and Houston TV markets. Then they would pick up an east coast team.
Posted by neutrino
Chicago
Member since Feb 2009
1210 posts
Posted on 7/29/10 at 8:22 pm to
quote:

Beebe said Tuesday that Texas and Oklahoma had declined that offer from the five schools, but that A&M — whose athletic department is in the early stages of paying back a $16 million loan to the university — had not. He added that the issue would be discussed further this fall.


So, basically Bebe is pissed that A&M is declining his offer to decline his original offer. I see.
Posted by Wargasm
Alabama
Member since Nov 2005
292 posts
Posted on 7/29/10 at 9:35 pm to
A&M just needs to grow a set or takes theirs back from Texjas & leave the little 10 & join the SEC.
Posted by Dr Drunkenstein
Washington DC
Member since May 2009
2918 posts
Posted on 7/30/10 at 9:43 am to
quote:

A&M just needs to grow a set or takes theirs back from Texjas & leave the little 10 & join the SEC.


Dude....have you read any of this thread? This has nothing to do with A&M not having a pair or UT manipulating things......Texas politicians who didn't want Tech & Baylor to be cast aside to crappy conferences is what did in A&M's move to the SEC and the Longhorn's move to the Big 10 or Pac 10.

In fact, in this article LINK the Pac-10 commissioner pretty much spells this out:

quote:

In the end, "Texas politics" killed his plan to add Oklahoma, Texas, Texas A&M, Colorado, Texas Tech and Oklahoma State from the Big 12.


quote:

"Texas and Texas A&M separating with Baylor created a tsunami effect," he said, "It got way too hot for the politicians."


This post was edited on 7/30/10 at 9:44 am
Posted by ItTakesAThief
Scottsdale, Arizona
Member since Dec 2009
10386 posts
Posted on 7/30/10 at 11:37 am to

quote:

I would like to see Texas, A&M, Texas Tech and Baylor shift to make the SEC a 16 conference.


I doubt the SEC would go for this, because they don't want to give the State of Texas and those "arm twisting politicians" that much of a foothold, or stake to try to twist the rest of the conferences arm.
Posted by STLSU
Hallandale Beach, FL
Member since Dec 2004
14846 posts
Posted on 7/30/10 at 11:38 am to
quote:

It's only a matter of time before the Big XII folds. A&M to the SEC is probably inevitable.

Posted by chinese58
NELA. after 30 years in Dallas.
Member since Jun 2004
33460 posts
Posted on 7/30/10 at 12:00 pm to
quote:

I doubt the SEC would go for this, because they don't want to give the State of Texas and those "arm twisting politicians" that much of a foothold, or stake to try to twist the rest of the conferences arm.


Football is bigger than politics in the deep south.

The SEC would never take Baylor and Tech just to get UT & A&M.

As people have stated before the SEC presently has no reason to expand.

If it does decide to expand the Texas schools are not the only option.

This post was edited on 7/30/10 at 12:02 pm
Posted by Daigeaux
Mountains of East Tennessee
Member since Jul 2005
6065 posts
Posted on 7/30/10 at 4:02 pm to
Inviting aTm into the SEC is one thing, but bringing in Texas is opening a whole can of worms. IF the SEC were to invite Texas and aTm, then it would also be inviting the Texas state legislature...and Slive knows this. Hell...any conference commissioner with a half brain knows this.....and the shite that Texas pulls in the "Whatever the frick they call it Conference" they won't be able to pull in the SEC......and because of this there would be trouble. The Texas Legislature would somehow get involved with aTm and Texas to get TTU and Baylor and whoever else they wanted in......lawsuits...all kinda shite....and trust me don't put it past them...

Do you think that Slive and the SEC officials don't know and see what UT and the Texas Legislature are all about? ...and do you think that they want that kinda bullshite in the SEC?

No thanks, the SEC is doing just fine, thank you.

Bringing Texas into the SEC is like marrying into a dysfunctional family....

Posted by Dr Drunkenstein
Washington DC
Member since May 2009
2918 posts
Posted on 7/31/10 at 2:12 pm to
quote:

and the shite that Texas pulls in the "Whatever the frick they call it Conference" they won't be able to pull in the SEC......and because of this there would be trouble.


I see people making statements like this and I have no idea what they are talking about. What does Texas pull?!?

Are you talking about how the Big 12 distributes its TV revenue? EVERY SINGLE BIG 12 SCHOOL VOTED FOR THIS METHOD OF REVENUE DISTRIBUTION. In fact, for 2008 (the last year the official #s have been released), OU made more TV revenue than Texas from the conference.

Are you talking about the things which Nebraska bitches about......like moving the conference title game to Cowboys stadium and moving the conference HQ to Texas? These were all 11-1 votes, every single Big 12 school except for Nebraska voted for these things.

Just what is Texas pulling? What are you talking about?
Posted by DocBugbear
Arlington, Texas
Member since Mar 2008
8140 posts
Posted on 7/31/10 at 3:48 pm to
Personally I think there has been a lot of bad mouthing between UT and the SEC over the years, but I think it best to put that in the past. UT and TAMU would both be great additions to the SEC. In the mean time, I think it would be great if we could convince the NCAA to allow a 20 team conference to have a 4-team playoff. Then, when the break-up of the Big-12 comes, I would be very happy to take UT, TAMU, OU and what ever 4th team they'd like to bring in on the package (probably OSU). We can lump them together with Arkansas and call it the Southwest Division. Then in the East we can add VT, FSU, GT, and Clemson. Add South Carolina and call it the Atlantic Division. And have a playoff of the 4 division champions. That would be pretty damn cool IMHO.
Posted by tigermike5
Member since Mar 2006
1285 posts
Posted on 7/31/10 at 4:08 pm to
quote:

That is unfair and untrue. Texas just wants a fair amount of TV revenue. It didn't seem possible in the Big 12. Now it has been promised to them in the Big 12 so Texas says they are staying put. That is destroying the Big 12


No, texas stayed in the big 12 because the big 12 agreed to let them form their own tv network, which no other conference would allow. texas will be independent(like they want too) in 5 years if their network takes off.
This post was edited on 7/31/10 at 4:13 pm
Posted by Dr Drunkenstein
Washington DC
Member since May 2009
2918 posts
Posted on 7/31/10 at 4:54 pm to
quote:

No, texas stayed in the big 12 because the big 12 agreed to let them form their own tv network, which no other conference would allow. texas will be independent(like they want too) in 5 years if their network takes off.


You are wrong.

Texas stayed in the Big 12 for the same reason A&M didn't go to the SEC......they were forced to do so by the politicians. Texas would have loved to have gone solo to the Big 10. There were estimates that if Texas & ND went to the Big 10, the payout for every school would have been $30 to $40 million. Texas would drop the risk of starting up their own network in a heartbeat for that kind of cash.
Posted by ULQQKED
I LOVE anal sex in my anus.
Member since Aug 2009
4063 posts
Posted on 7/31/10 at 5:08 pm to
I don't want UTx anywhere near the SEC, we already have Bama and UF fans, adding UTx fans would be cruel and unusual punishment.
Posted by tigermike5
Member since Mar 2006
1285 posts
Posted on 7/31/10 at 6:31 pm to
quote:

Texas would drop the risk of starting up their own network in a heartbeat for that kind of cash.


wrong, okay. ha, tech, texas and am were still going to go to big conferences, baylor pull is not as big as it once was, they will be stuck in a small conference in a few years when the big 12 is done.

what are the politicians going to do in a few years, once texas is making good money off their network, when they announce they are going independent? which is what ut really wants.

and notre dame to the big 10 is a pipe dream, unless the big east folds and notre dame doesnt have a conference to play its other sports.
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