Likely will come down to how the force majeure clause is drafted, and whether it has the qualifier that the party is

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Jul 8, 2020
4:51:14pm

slappy All-American

Likely will come down to how the force majeure clause is drafted, and whether it has the qualifier that the party is

unable to perform. Sometimes force majeure events occur, but the party is still able to perform and is therefore not excused by the clause. Comes down to language in the contract. This assumes the force majeure clause is actually broad enough to include pandemics.

This message has been modified

Originally posted on Jul 8, 2020 at 4:51:14pm

Message modified by slappy on Jul 8, 2020 at 4:54:53pm

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slappy

Bio page: slappy
Joined: Dec 1, 2001
Last login: Jun 26, 2024
Total posts: 15,505 (222 FO)

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Messages

Author

Time

Shoot: Michigan State and Minnesota may have just dropped off our schedule

7/8/20 4:40pm

BYU is in a tough position. Maybe they finally get ND to come to Provo.

7/8/20 4:41pm

Notre Dame will likely play an all-ACC schedule if conference-only happens

7/8/20 4:42pm

I tend to agree, but I have not seen any such rumors or reports

Doogal McCougar

7/8/20 4:53pm

Wait, I thought Notre Dame played a half ACC schedule in football

BYU'01

7/8/20 6:39pm

Best friends forever

JackStack

7/8/20 7:55pm

Yeah they like us so much they stiffed us for almost a decade; seriously ND can

BlooCoog

7/8/20 8:23pm

With what logic does a shortened season or conference only schedule make any

Adwight

7/8/20 4:42pm

There is no logic. It’s just a big flipping circus at this point

Indy Coug

7/8/20 4:43pm

It's one magical virus. In the Jordan School district, it's only active Fridays.

7/8/20 4:43pm

no but it presents fewer opportunities of contraction. They could say only play teams that have blue colors but that

BlueFrog

7/8/20 4:44pm

financial logic, no gate revenue = no body bag games

g$

7/8/20 4:46pm

BYU games will BE on tv so it's not a body bag game.

Archaea

7/8/20 4:47pm

I don't consider BYU a body bag game, but most P5's have at least 2 body bag OOC

g$

7/8/20 4:52pm

They want to make sure opponents are following the same testing protocols and

Jay Kay

7/8/20 4:48pm

Because conference opponents tend to be closer to home, unless they're not

Doogal McCougar

7/8/20 4:56pm

I think the logic is that there are fewer games, so less chance of infection,

chilango

7/8/20 4:56pm

Ok. Got it. The B1G will contain the money, I mean, the virus, to its bank

Doogal McCougar

7/8/20 5:06pm

Fair enough, but it is much closer to travel from, say, East Lansing MI to Happy

chilango

7/8/20 5:17pm

Agreed. It's also much closer to CMU, WMU, EMU or Toledo than PA.

Doogal McCougar

7/8/20 5:24pm

So 10 games you won’t get infected. 11 though you’re screwed!

Adwight

7/8/20 5:39pm

All else being equal, it increases the probability of infection by 10%.

chilango

7/8/20 5:42pm

I really think it’s less travel overall, which is less expensive and easier to

akmewg

7/8/20 8:28pm

Its worth it if it saves even one life.

Backcountry

7/8/20 4:43pm

Actually, I disagree. This 'risk-free' mentality above all costs is worse

Cougarclaw

7/8/20 4:47pm

I am not sure if this is TIC and I don’t want to laugh but . . .

BYUforlife

7/8/20 4:48pm

Banning automobiles sounds like a really safe idea. People who drive are selfish

Backcountry

7/8/20 4:55pm

So selfish. So are gun owners.

7/8/20 6:03pm

Yep. And ONE is ONE to many.

7/8/20 6:00pm

With that attitude we should never drive cars or eat donuts. to each their own

Pretorian

7/8/20 8:41pm

Oh I agree

Backcountry

7/8/20 8:44pm

Maybe the mountain west will save our season

Heath Squashwell

7/8/20 4:45pm

If this becomes the norm in the P5, I predict BYU will not have a season 🙁

slappy

7/8/20 4:47pm

You’re late with your projection. The writing has been on the wall

Croweater

7/8/20 4:58pm

If they go conference only, I believe the NCAA should cancel or postpone the

Archaea

7/8/20 4:47pm

The NCAA was neutered long ago. They have little to no power.

Carnac

7/8/20 4:49pm

The ncaa only enforces rules When it comes to D1 football above g5

1984coug

7/8/20 7:07pm

I feel like Usu and BYU are heading for a home and home this season. Maybe Boise too.

RdF3

7/8/20 4:48pm

Meanwhile, Utah will travel twice to CA, and WA and AZ and CO

Doogal McCougar

7/8/20 4:58pm

Will they be obligated to pay the buy out?

The Dark Knight

7/8/20 4:48pm

I'm sure BYU wants the game as soon as possible. Reschedule soon or take the $$$.

7/8/20 4:49pm

Likely will come down to how the force majeure clause is drafted, and whether it has the qualifier that the party is

slappy

7/8/20 4:51pm

Sue them in Utah. That will likely have a positive impact on the outcome.

Archaea

7/8/20 4:53pm

The optics of suing may make that decision difficult.

7/8/20 4:54pm

Yeah, if there's a dispute over what the term means and whether there's a breach, highly unlikely BYU would go to court

slappy

7/8/20 4:56pm

Agreed.

7/8/20 4:56pm

Agreed, so you use it as leverage

Carnac

7/8/20 4:58pm

If it is at all decent force majuere BYU easily can hold them to it.

Baron

7/8/20 5:31pm

How could you claim force majeure for non-conference only?

BYU'01

7/8/20 6:47pm

Just another way for the big 5 conferences to distance themselves more from the rest of the schools.

kalifi

7/8/20 5:06pm

Who is this guy? Why is everyone taking this tweet at face value?

Cougs'16

7/8/20 6:22pm

Dienhart is the Rivals network Purdue guy and a former BTN reporter

g$

7/8/20 6:55pm

Does anyone really think these WOKE conferences are going to treat

BRATS

7/8/20 6:30pm

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