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Started By
Message
re: Mississippi has very strong law on Tortuous interference with Contract
Posted on 2/27/15 at 6:56 pm to Sid in Lakeshore
Posted on 2/27/15 at 6:56 pm to Sid in Lakeshore
quote:
Sid in Lakeshore
As I said before, I have no law background, so I fully concede that you may be legally correct. My POV is from a policy perspective.
But it is inherently paradoxical. Self-reporting is a method of risk management, not necessarily an admission of intentional wrongdoing. Prior to Womack's commitment to bama, LSU was operating complient to SEC and NCAA recruiting policy, so there was no wrongdoing to self-report at that time. Only after Womack didn't enroll did LSU run afoul. So, the policy is inherently paradoxical in the it allows the same activity to be complient in the present and also non-complient in the past tense.
I'm discussing, not arguing, so I hope you take my response in the spirit in which its intended. I'd very much like to hear your response.
Posted on 2/27/15 at 7:32 pm to DontCare
Actually under Louisiana law there could be a case to be had regarding this . Remember a verbal contract is just as valid as an oral contract and actions on behalf of an oral contract shows intent. If Womack verbally tells the coaching staff that he is enrolling early and then goes through the process of attempting to enroll early by signing an FAA, under Louisiana law you would have the basis of a written contract. My Napoleonic Code is a little rusty but I think a case could be made.
If someone at LSU wanted to do this for excrements and giggles and then subpoena Nick Saban and Kirby Smart as well as Asha Sowell the recruiting director and Bill Battle the AD. I would send out discovery and interrogatories and make it public.
If someone at LSU wanted to do this for excrements and giggles and then subpoena Nick Saban and Kirby Smart as well as Asha Sowell the recruiting director and Bill Battle the AD. I would send out discovery and interrogatories and make it public.
Posted on 2/28/15 at 12:07 am to Old Money
I don't think you can prove there was a valid, binding contract. At best, it was illusory because the recruit wasn't bound to do anything. He wasn't required to enroll at LSU and there was no consideration. It only gave him an opportunity to do something. Without a valid contract, there can be no tortious interference.
I thought the SEC has an opinion stating that FAA is a contact under NCAA rules. (Discussed on SEC Rant)
I am just thinking out loud here guys. But it beats just getting screwed without lube like he usually are.
What is anything has Alleva done?
My understanding is that LSU self reported because it heard that Miss State or Bama was about to turn us in.
Policy discussion is good point.
I thought the SEC has an opinion stating that FAA is a contact under NCAA rules. (Discussed on SEC Rant)
I am just thinking out loud here guys. But it beats just getting screwed without lube like he usually are.
What is anything has Alleva done?
My understanding is that LSU self reported because it heard that Miss State or Bama was about to turn us in.
Policy discussion is good point.
Posted on 2/28/15 at 12:10 am to TutHillTiger
I don't even care if LSU can win.
They need to file suit vs. the SEC just so those asses know what to expect the next time they want to yank LSU's chain.
They need to file suit vs. the SEC just so those asses know what to expect the next time they want to yank LSU's chain.
Posted on 2/28/15 at 2:33 am to Penrod
"Tortuous interference" is actually what you get when you try to stream a baseball game on SECN+
This post was edited on 2/28/15 at 2:38 am
Posted on 2/28/15 at 7:45 am to DontCare
You're correct, don'tcare. The paradox is that LSU has no control over its own wrongdoing. The kid signs with us, and we're good; if he signs elsewhere, we're rule breakers. It's obviously paradoxical and foolish.
Posted on 2/28/15 at 7:56 am to TutHillTiger
seriously, frick the university of alabama in tuscaloosa.
Posted on 2/28/15 at 8:04 am to TutHillTiger
shining a light on recruiting practices seems like a bad idea for everyone involved.
Posted on 2/28/15 at 8:12 am to JakeTheTiger
This is why people hate lawyers. The real solution is to have your d-lineman cut this guy every time he steps on the field. Message sent.
Posted on 2/28/15 at 8:57 am to Drizzt
quote:
The real solution is to have your d-lineman cut this guy every time he steps on the field.
Sounds like Auburn. however its reversed, chop block U.
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