They don’t think Miami had a contractual reason for cancelling the game last year.
Do you mean ASU-Jonesboro? I mean, I am not sure. Was it ASU-Bebee? ASU-Newport? I don’t know which one of these schools it is! HELP!!!
Maybe tomorrows Arkansas Democrat Gazette at Little Rock or Lowell can fill us in about which ASU it is. For all we know it could be another ASU (Arizona State)
Its the ASU Indians , don’t you remember the Jumping Joe Jamboree at Indian Stadium. You know the school that gives
anyone a free student pass that shows up on game day just to get
people in the game
ASU-Jonesboro says the contract with Miami provides for $625k in liquidated damages. That seems high to me. The Indians are in for windfall if they win the lawsuit. There’s no way they would have grossed that much at the gate. Plus, they have expenses that go along with hosting a game—payment to ushers, cleanup crews, police directing traffic, electric bills for lights, etc. I assume they’d have also paid Miami something for coming.
Miami claims they owe nothing because a Hurricane forced cancellation. Might be a hard sell, but it might work.
for the lawyers in the crowd…hasn’t "acts of God"been defined in lawsuits as being just that and thereforeasu-jonesboro cant get anything…i mean c’mon…dd miami conspire to have a hurricane come through their area just to avoid asu-jonesboro?give me a break…
An act of God defense typically only works when humans did not partially cause the harm. ASU’s position is that God only gets an assist on this one, meaning the game could have been played or re-scheduled, and that Miami is simply using the storm as an excuse to neither play nor pay.
It depends on the contract. If the judge interprets (or state law supersedes) the contract to represent a lost profits situation, possibly all of the associated expenses could be considered in the damages award. If neither of the previous mentioned items occur, the Jonesboro Jihad may cash in.
Well, that’s true, but as I understood the article I read, the amount is in a “liquidated damages” clause. As best I remember contracts class, liquidated damages were a pre-agreed upon amount of damages payable to one party when the other breached the contract. No need to prove actual damages, etc. However, as I understand the U’s defense, the hurricane was a natural force & the U is excused of any breach. I guess the decision would be made by a local judge. It’d be a tough away game disadvanrage for the Hurricanes of UM.
I am anything but a ASWho fan, but the hurricane didn’t affect weather in Jonesboro and didn’t (if I remember correctly) stop UM from traveling to Jonesboro. They were worried about getting BACK, not getting to Jonesboro. Frankly leaving town to get out of the path of the hurricane would have been the smart move, not staying there. If what I am remembering is correct, I think ASWho is in the right (Lord that is hard to say)
I’m reluctant to form a legal opinion, Greg, without reading the contract. However, it appears ASU has the stronger argument. However, I have no idea exactly what the feared effects of the hurricane were to be. I can understand why a team would be abnormally distracted if they were in Jonesboro as their homes & family were being pummeled by a Cat-4 or 5 hurricane. I don’t know if any of that is an excuse under the law or the contract, but I understand the argument. I don’t remember exactly when the storm hit, but as best I recall S Fla was in the path to be hit on Fri or Sat. I can understand a decision on Tues or Wed being based on a worse case scenario.
That might or might not relieve UM of paying damages. Sounds like a good case for compromise settlement.
damages would also include potential payment from another school that would/could have appeared. It wouldn’t be limited to sales/costs for this particular game. The wouldn’t have paid Miami anything.
I do not think that is correct.
ASU also tried to get The “U” to play that Thursday night and had ESPN were they would televise the game but the “U” still did not want to do that.
Students did not pay for tickets when I was in school, of course that was 47 years ago.
i doubt that would have worked. The decision was only made on a Tuesday, I think. Two-three days is short notice for a traveling team. ASU was desperate for the prestge of having someone like Miami come to Jonesboro. i understand that, but sometimes safety and other concerns must come first. miami might have to pay the buyout, but regardless, I understand why they decided to skip the game.
ASU lost their right to bargain with another school when Miami entered into this contract. And, I don’t see ASU filing a suit again Miami unless they believe they have a leg to stand on, i.e., Miami didn’t follow the contract and try to perform, they simply wanted out. Either perform (or try), or breach. Miami must have simply chose the latter thinking they would be covered. At the end of the day, ASU was an injured party.
If there is a liquidated damages provision (I have no idea one way or the other) then the only issue will be if there was a breach. ASWho will not have to prove damages. That is how I remember it anyway!