serious question

1,832 Views | 6 Replies | Last: 5 yr ago by bearister
helltopay1
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Dear lawyers on the board: Can the new contract be annulled due to immediate unforeseen circumstances??for instance, if x numbers of players transfer and x number of incoming players choose not to come in, can either the AD or new HC sue for annulment? At this rate, Oakland Tech High School will probably beat Cal next year. My question is not frivolous...I'm dead serious. it's probably fair to say that both JK and Fox both wish this never happened. I'm also wondering if Trent Johnson is starting to think about "spending more time with his family?"
joe amos yaks
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I'm optimistic. Everything is going to be OK.
In the meantime the hiatus will give you more time to police the grammar, punctuation, CBB history recall, and histrionics of posters. Certainly there is much to do. Play golf.
"Those who say don't know, and those who know don't say." - LT
parentswerebears
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joe amos yaks said:

I'm optimistic. Everything is going to be OK.
In the meantime the hiatus will give you more time to police the grammar, punctuation, CBB history recall, and histrionics of posters. Certainly there is much to do. Play golf.
What do you see to warrant your optimism? Since this is the topic, serious question?
joe amos yaks
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Give it time. It will hatch.
"Those who say don't know, and those who know don't say." - LT
71Bear
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helltopay1 said:

Dear lawyers on the board: Can the new contract be annulled due to immediate unforeseen circumstances??for instance, if x numbers of players transfer and x number of incoming players choose not to come in, can either the AD or new HC sue for annulment? At this rate, Oakland Tech High School will probably beat Cal next year. My question is not frivolous...I'm dead serious. it's probably fair to say that both JK and Fox both wish this never happened. I'm also wondering if Trent Johnson is starting to think about "spending more time with his family?"
I'm not an attorney. Having said that, the contract is for five years not just one season. Why would either party want to annul the agreement? It is entirely possible that both parties will be pleased with the terms of the contract by the end of the fifth year.



parentswerebears
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joe amos yaks said:

Give it time. It will hatch.
Yep. That is a good strategy. How's that working for all of y'all who have been around since Newell?
joe amos yaks
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The chances of success are much better than speculation, shrill responses and wildly thrashing and trashing.
"Those who say don't know, and those who know don't say." - LT
bearister
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helltopay1 said:

Dear lawyers on the board: Can the new contract be annulled due to immediate unforeseen circumstances??for instance, if x numbers of players transfer and x number of incoming players choose not to come in, can either the AD or new HC sue for annulment? At this rate, Oakland Tech High School will probably beat Cal next year. My question is not frivolous...I'm dead serious. it's probably fair to say that both JK and Fox both wish this never happened. I'm also wondering if Trent Johnson is starting to think about "spending more time with his family?"

No, unless there was a contractual clause that allowed termination due to the events outlined in your post. Furthermore, what is unforeseeable about players leaving or players not coming because there is a change in coaches? It is a well acknowledged risk inherent in the transaction. In any event, the concept of foreseeability is relevant to a negligence analysis not an analysis of contract rights. People eat sh@t all the time under contracts because unforeseen events unfold. The response to that is "Tough titty said the kitty when the milk went dry" or "Looks like you are SOL, pal," as set forth in the learned legal treatise, bearister's Legal Theorems.
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