Reply to thread

Message

[QUOTE="businesslawyer, post: 4709943, member: 55"]
i've addressed this a bunch of times.  In brief, generally one has the right to breach an executory contact -- one that hasn't yet been fully performed -- and pay the other side monetary damages.  A GOR, however, is meant to stop the agreement from being an executory one, in that it purports to ACTUALLY TRANSFER AT THE PRESENT TIME rights to show games in the future, so the performance under the contract -- the transfer of rights -- has already happened.  In the music industry, there is precedent that when you enter into a GOR, the other side already owns the rights to your next album and therefore there is nothing left for you to breach.  I have expressed that this might or might not work with respect to the broadcasting of games, and we wouldn't know for sure until it is litigated.  I still hold to that belief.  So FSU can't possibly know they can walk away from the GOR and just pay actual damages, but they can make a reasonable argument that they should be able to.
[/QUOTE]

Verification

First name of men's bb coach