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Big East Catholic Schools meeting to decide whether to break away...
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randaddyminer Offline
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Post: #161
RE: Big East Catholic Schools meeting to decide whether to break away...
(12-13-2012 10:32 PM)Attackcoog Wrote:  
(12-13-2012 10:16 PM)randaddyminer Wrote:  
(12-12-2012 07:32 PM)Attackcoog Wrote:  
(12-12-2012 06:54 PM)randaddyminer Wrote:  
(12-12-2012 04:13 PM)Attackcoog Wrote:  If you are luring teams based on income projections for a conference you are actively plotting to disband---thats textbook misrepresentation.

no such thing as misrepresentation based on income projections.

There is if you know there will not be any conference at all.

The schools knew the possibilities when entering, the info was transparent, hence the boise prenup

Nope. Clearly that wasnt disclosed or language addressing the current situation would have been in the "prenup". Seriously, you really think the basketball schools came forward and said, hey, we are currently in the late stages of a plan to dissolve he conference and it probably wont be here in July of 2013. Because pretty much anything less than that would constitute a lack of disclosure of VERY material information and misrepresentation at the least, fraud at the worst. Thats why there will be no dissolution. There will be a negotiated seperation agreement to untangle the Catholics from the conference.

transparency has nothing to do with disclosed nor addressed info. It is passing info so that a clear minded person can make a "reasonable" (note, it doesn't even have to be educated) decision. The defectors knew what they were getting into, from the very go
(This post was last modified: 12-13-2012 10:42 PM by randaddyminer.)
12-13-2012 10:41 PM
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Attackcoog Offline
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Post: #162
RE: Big East Catholic Schools meeting to decide whether to break away...
(12-13-2012 10:41 PM)randaddyminer Wrote:  
(12-13-2012 10:32 PM)Attackcoog Wrote:  
(12-13-2012 10:16 PM)randaddyminer Wrote:  
(12-12-2012 07:32 PM)Attackcoog Wrote:  
(12-12-2012 06:54 PM)randaddyminer Wrote:  no such thing as misrepresentation based on income projections.

There is if you know there will not be any conference at all.

The schools knew the possibilities when entering, the info was transparent, hence the boise prenup

Nope. Clearly that wasnt disclosed or language addressing the current situation would have been in the "prenup". Seriously, you really think the basketball schools came forward and said, hey, we are currently in the late stages of a plan to dissolve he conference and it probably wont be here in July of 2013. Because pretty much anything less than that would constitute a lack of disclosure of VERY material information and misrepresentation at the least, fraud at the worst. Thats why there will be no dissolution. There will be a negotiated seperation agreement to untangle the Catholics from the conference.

transparency has nothing to do with disclosed nor addressed info. It is passing info so that a clear minded person can make a "reasonable" (note, it doesn't even have to be educated) decision. The defectors knew what they were getting into, from the very go

You are correct. It doesnt have to be an educated decision. A person is absolutely allowed to do something foolish. However, making an uneducated decision after being given a full and complete disclosure of the situation is completely different from making a bad decision because factual material information was withheld that is not publically available (like the fact that the basketball schools are planning to vote the conference out of existance in a week, but yes, we will take your entry fee now). In fact, misrepresentation can occur even if you do not intend to mislead the person. Fraud is knowingly doing so. It can also be an act of material ommission, rather than comission. In this case, inviting Tulane and ECU to a conference that you knew would not exist on the planned entry date would be text book misrepresentation AND fraud. This is why they cannot dissolve the conference. This will be a negotiated settlement.





Fraud

Definition - Noun
[Latin fraud- fraus]
1 a : any act, expression, omission, or concealment calculated to deceive another to his or her disadvantage
specif
: a misrepresentation or concealment with reference to some fact material to a transaction that is made with knowledge of its falsity or in reckless disregard of its truth or falsity and with the intent to deceive another and that is reasonably relied on by the other who is injured thereby
b : the affirmative defense of having acted in response to a fraud
2 : the crime or tort of committing fraud <convicted of securities ~>
see also misrepresentation
A tort action based on fraud is also referred to as an action of deceit.



Here is the legal definition of misrepresentation--


An assertion or manifestation by words or conduct that is not in accord with the facts.

Misrepresentation is a tort, or a civil wrong. This means that a misrepresentation can create civil liability if it results in a pecuniary loss. For example, assume that a real estate speculator owns swampland but advertises it as valuable commercially zoned land. This is a misrepresentation. If someone buys the land relying on the speculator's statement that it is commercially valuable, the buyer may sue the speculator for monetary losses resulting from the purchase.

To create liability for the maker of the statement, a misrepresentation must be relied on by the listener or reader. Also, the speaker must know that the listener is relying on the factual correctness of the statement. Finally, the listener's reliance on the statement must have been reasonable and justified, and the misrepresentation must have resulted in a pecuniary loss to the listener.

A misrepresentation need not be intentionally false to create liability. A statement made with conscious ignorance or a reckless disregard for the truth can create liability. Nondisclosure of material or important facts by a fiduciary or an expert, such as a doctor, lawyer, or accountant, can result in liability. If the speaker is engaged in the business of selling products, any statement, no matter how innocent, may create liability if the statement concerns the character or quality of a product and the statement is not true. In such a case, the statement must be one of fact. This does not include so-called puffing, or the glowing opinions of a seller in the course of a sales pitch (such statements as "you'll love this car," or "it's a great deal").

A misrepresentation in a contract can give a party the right to rescind the contract. A Rescission of a contract returns the parties to the positions they held before the contract was made. A party can rescind a contract for misrepresentation only if the statement was material, or critical, to the agreement.

A misrepresentation on the part of the insured in an insurance policy can give the insurer the right to cancel the policy or refuse a claim. An insurer may do this only if the misrepresentation was material to the risk insured against and would have influenced the insurer in determining whether to issue a policy. For example, if a person seeking auto insurance states that she has no major chronic illnesses, the insurer's subsequent discovery that the applicant had an incurable disease at the time she completed the insurance form probably will not give the insurer the right to cancel the auto policy. However, if the person was seeking Health Insurance, such a misrepresentation may justify cancellation of the policy or a denial of coverage. Generally, cancellation or denial of insurance coverage for a misrepresentation can occur only if the insurance applicant was aware of the inaccuracy of the statement.

http://legal-dictionary.thefreedictionar...esentation
(This post was last modified: 12-14-2012 03:15 AM by Attackcoog.)
12-13-2012 10:57 PM
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randaddyminer Offline
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Post: #163
RE: Big East Catholic Schools meeting to decide whether to break away...
First... Fraud involves fact material
Second....misrepresentation is a statement not in accord with facts... The schools had the facts

NOT TO MENTION THE BIG THING...
(This post was last modified: 12-13-2012 11:48 PM by randaddyminer.)
12-13-2012 11:30 PM
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randaddyminer Offline
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Post: #164
RE: Big East Catholic Schools meeting to decide whether to break away...
if anything, you should be looking at the nbe members to bring legal recourse action on
12-13-2012 11:32 PM
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blazr Away
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Post: #165
RE: Big East Catholic Schools meeting to decide whether to break away...
(12-13-2012 12:46 PM)cotton1991 Wrote:  While they were and are all aware that realignment is a moving target, I don't believe they thought or knew beforehand that the Catholic schools would split.

Do you really think Tulane for example knew this was going to happen?

I knew. Do you really think they didn't? Of course, things constantly change on this front so it's not a matter of "this is going to happen or it's not", it's "the odds of this happening just went from 40% to 60%." All I can say - again - is that even for the schools that agreed to move in 2011, it was a terrible gamble.
12-14-2012 02:28 AM
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FeFiFo Offline
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Post: #166
RE: Big East Catholic Schools meeting to decide whether to break away...
Only good things will come out of this. So seven Catholic schools leave the basketball side, so what. They cannot dissolve the conference or even take the BE name. Will only help the BE. Every football school coming in has reaffirmed and this will just make the BE stronger. I like it.
12-14-2012 05:48 AM
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