(02-15-2022 01:02 PM)random asian guy Wrote: (02-15-2022 10:37 AM)TerryD Wrote: (02-15-2022 08:57 AM)green Wrote: (02-15-2022 06:38 AM)TerryD Wrote: (02-14-2022 07:03 PM)random asian guy Wrote: This is an interesting question. ND signed a GOR so it cannot unilaterally withdraw from the ACC without losing tons of media money. But what if the ACC member schools vote to expel ND? I guess then the media right for ND would be returned to ND and ND is free to go anywhere, right? On what ground, ND will sue for a few hundred dollars? Expelling a member school is not anything illegal as far as I know. (VT fans should know this...)
Many would say expelling ND would be suicidal, and it might be. But I guess the finanfial impact would not be that significant at least until 2035 because I highly doubt the ESPN would reopen the ACC contract even without ND as the current contract is such a sweet deal for the ESPN. (Remember the BIG 12 didn’t really lose money when A&M, Neb, Colorado and Missorio left?)
I am not saying the ACC should / would expel ND. It’s certainly a lose-lose deal for both parties. But compared to 2013, ND’s choice would be limited as the new Big 12 would be certianly less attractive than the old Big 12. ND may consider rejoining the Big East, which is always their fall back option. Still, I would say ND will have a bigger damage than the ACC if the ACC triggers a nuclear option. Maybe this is something that Phillips should consider in future negotiation.
So, if what you say bolded above is true, then ND would be able to collect those damages in court if the ACC unilaterally breached those contracts.
failure to mitigate damages by the aggrieved party should be considered ...
CONTRACTS 101 FOR NON LAWYERS
Of course, but given that football isn't included in the current ACC contract, that would leave out full membership in the Big Ten as a mitigation option.
So, what would be the difference in damages should ND mitigate by, say, joining the Big East?
I don't know, but the Big East doesn't have a counterpart to the ACC Network, nor bowl game tie-ins, and doesn't pay as much to its members as ND gets as a partial ACC member.
So, it would just then be a calculation of damages after reasonable mitigation efforts by ND.
Sure, the damage is real for ND and sure it will be because of the ACC’s action. But not all damages should be compensated. If an employee gets fired becuase a company is downsizing, should the employee receive all the lost future benefit? Absolutely not.
ND can definitely file a suit but I am not sure ND can get a lot of money. And why do you call it a breach of contract? Expelling is different from a breach of a contract. Isn’t expelling a member governed by the ACC constituons and bylaws? My guess is that if ND were expelled, the media right would be returned to ND according to the contract between ND and the ACC. Technically even the five game deal between ND and the ACC may continue depending on the language of the contract. So I don’t really see a breach of contract here.
I call it breach of contract because ND and the ACC have entered into a series of contracts that define the relationship between them.
None of us have seen them but we know that they exist. Because ND football is not part of the ACC, all football and some other ND/ACC relationships are governed and regulated by them.
That may include the ACC Network full profit status by ND, the 5 game football obligation, eligibility of ND for ACC bowls, the obligation of ND football to join the ACC if it gives up independence, etc...
What do they say about the relationship, its unilateral termination by one party and the damages caused by that ? Do you know?
The ND/ACC relationship includes these contracts, so I don't think that the bylaws and constitution are the entire deal here.
Did ND negotiate the contracts to protect itself from unilateral ACC breaches of same? Are there any provisions that deal with ND's other sports being expelled by the ACC?
Most good lawyers anticipate these types of issues and deal with them by contract. ND is pretty well known as being pretty competent in negotiations.
Do the bylaws and constitution even deal with partial members or is partial membership set forth in the contracts between the parties ?
By the way, what are the terms, conditions and requirements to unilaterally kick out an ACC member in good standing ??