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Miami at Arkansas St canceled: won't be made up
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_C2_ Offline
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Post: #11
RE: Miami at Arkansas St canceled: won't be made up
It's an excuse, plain and simple.
09-06-2017 12:04 PM
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Hokie Mark Offline
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Post: #12
RE: Miami at Arkansas St canceled: won't be made up
Perhaps they were concerned about the weather in Nebraska... If you catch my drift
09-06-2017 12:07 PM
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Rube Dali Offline
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Post: #13
RE: Miami at Arkansas St canceled: won't be made up
(09-06-2017 12:07 PM)Hokie Mark Wrote:  Perhaps they were concerned about the weather in Nebraska... If you catch my drift

I think they would be more worried about A tornado touchdown in Montana. And I'm sorry if I were being insensitive.
09-06-2017 12:11 PM
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BullsFanInTX Online
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Post: #14
RE: Miami at Arkansas St canceled: won't be made up
There is a weather clause in contract to get out of game. The clause does not say that weather has to affect the home team in Arkansas. It just says game can be cancelled due to weather (which just happens to be affecting Miami). Game does not have to be made up if there are no dates available. Read the game contract.
09-06-2017 12:15 PM
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chiefsfan Offline
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Post: #15
RE: Miami at Arkansas St canceled: won't be made up
(09-06-2017 12:15 PM)BullsFanInTX Wrote:  There is a weather clause in contract to get out of game. The clause does not say that weather has to affect the home team in Arkansas. It just says game can be cancelled due to weather (which just happens to be affecting Miami). Game does not have to be made up if there are no dates available. Read the game contract.

The clause very specifically states that option only exist if it is impossible for Miami to travel to Jonesboro for the game

ESPN offered moving the game up a couple days. Miami refused. By doing that, they must fulfill the buyout.
09-06-2017 12:23 PM
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HeartOfDixie Offline
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Post: #16
RE: Miami at Arkansas St canceled: won't be made up
(09-06-2017 12:23 PM)chiefsfan Wrote:  
(09-06-2017 12:15 PM)BullsFanInTX Wrote:  There is a weather clause in contract to get out of game. The clause does not say that weather has to affect the home team in Arkansas. It just says game can be cancelled due to weather (which just happens to be affecting Miami). Game does not have to be made up if there are no dates available. Read the game contract.

The clause very specifically states that option only exist if it is impossible for Miami to travel to Jonesboro for the game

ESPN offered moving the game up a couple days. Miami refused. By doing that, they must fulfill the buyout.

That doesn't sound as strong as you first made it out to be.
09-06-2017 12:33 PM
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arkstfan Online
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Post: #17
RE: Miami at Arkansas St canceled: won't be made up
(09-06-2017 12:15 PM)BullsFanInTX Wrote:  There is a weather clause in contract to get out of game. The clause does not say that weather has to affect the home team in Arkansas. It just says game can be cancelled due to weather (which just happens to be affecting Miami). Game does not have to be made up if there are no dates available. Read the game contract.
I'm going to keep repeating this.
Contract says it must be impossible to play the game. It was possible, it remained possible. ESPN and AState even offered to move it to Friday.

A year ago Miami's position was wait and see when they were hosting Florida State.
http://www.espn.com/espn/story/_/id/1771...east-coast
09-06-2017 12:35 PM
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Frank the Tank Offline
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Post: #18
RE: Miami at Arkansas St canceled: won't be made up
(09-06-2017 12:23 PM)chiefsfan Wrote:  
(09-06-2017 12:15 PM)BullsFanInTX Wrote:  There is a weather clause in contract to get out of game. The clause does not say that weather has to affect the home team in Arkansas. It just says game can be cancelled due to weather (which just happens to be affecting Miami). Game does not have to be made up if there are no dates available. Read the game contract.

The clause very specifically states that option only exist if it is impossible for Miami to travel to Jonesboro for the game

ESPN offered moving the game up a couple days. Miami refused. By doing that, they must fulfill the buyout.

It's not a clear case. "Impossibility" isn't necessarily the fact that the game can or can't be played in Jonesboro, but rather whether all parties are able to fulfill all aspects of the agreement and if this is a force majeure situation. Miami could argue that it is a force majeure situation because the fact that they could arrive to play the game doesn't mean that they'd be able to return home. We can argue whether or not it would actually be safer for Miami players to be in Jonesboro when a hurricane is hitting Florida, but regardless of how one feels about those circumstances, Miami could probably reasonably demonstrate that it would incur additional costs for lodging those players longer, re-chartering a jet for a different date, and other expenses that would have not come up but for the force majeure situation. Was Arkansas State offering to meet any of those additional costs that Miami would have incurred (particularly since many of these college football scheduling agreements have fairly specific expense reimbursement clauses)? If so, then Arkansas State might have more of a case. However, if Arkansas State is just relying upon a liquidated damages clause in this situation, claiming that the game could have been played, and stating that the force majeure clause doesn't apply, I don't think that would hold up.

The practical nature of these situations is that the parties will meet somewhere in the middle (e.g. the liquidated damages amount minus the expenses that Miami would have incurred by having to stay additional days in Jonesboro) because neither party has a 100% clear cut case.
09-06-2017 12:42 PM
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arkstfan Online
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Post: #19
RE: Miami at Arkansas St canceled: won't be made up
(09-06-2017 12:42 PM)Frank the Tank Wrote:  
(09-06-2017 12:23 PM)chiefsfan Wrote:  
(09-06-2017 12:15 PM)BullsFanInTX Wrote:  There is a weather clause in contract to get out of game. The clause does not say that weather has to affect the home team in Arkansas. It just says game can be cancelled due to weather (which just happens to be affecting Miami). Game does not have to be made up if there are no dates available. Read the game contract.

The clause very specifically states that option only exist if it is impossible for Miami to travel to Jonesboro for the game

ESPN offered moving the game up a couple days. Miami refused. By doing that, they must fulfill the buyout.

It's not a clear case. "Impossibility" isn't necessarily the fact that the game can or can't be played in Jonesboro, but rather whether all parties are able to fulfill all aspects of the agreement and if this is a force majeure situation. Miami could argue that it is a force majeure situation because the fact that they could arrive to play the game doesn't mean that they'd be able to return home. We can argue whether or not it would actually be safer for Miami players to be in Jonesboro when a hurricane is hitting Florida, but regardless of how one feels about those circumstances, Miami could probably reasonably demonstrate that it would incur additional costs for lodging those players longer, re-chartering a jet for a different date, and other expenses that would have not come up but for the force majeure situation. Was Arkansas State offering to meet any of those additional costs that Miami would have incurred (particularly since many of these college football scheduling agreements have fairly specific expense reimbursement clauses)? If so, then Arkansas State might have more of a case. However, if Arkansas State is just relying upon a liquidated damages clause in this situation, claiming that the game could have been played, and stating that the force majeure clause doesn't apply, I don't think that would hold up.

The practical nature of these situations is that the parties will meet somewhere in the middle (e.g. the liquidated damages amount minus the expenses that Miami would have incurred by having to stay additional days in Jonesboro) because neither party has a 100% clear cut case.

Right now I'm hearing Miami's position on damages is sue us.
Inconvenient and impossible aren't the same thing.
(This post was last modified: 09-06-2017 12:45 PM by arkstfan.)
09-06-2017 12:44 PM
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4x4hokies Offline
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Post: #20
RE: Miami at Arkansas St canceled: won't be made up
I would want to be packing up my valuables and pets and getting my vehicles to higher ground. There are probably a lot of players with families nearby that will be wanting to help their family prepare. The coaches will want to make sure their families are evacuated.

Seems pretty crazy to me that after what we saw Harvey do to Houston you all think it's as simple as jetting out of town, waiting a day, then coming back.
09-06-2017 12:50 PM
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