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re: With Smart being cleared all that Will Wade will do for LSU in the future is cost them

Posted on 3/15/19 at 10:35 am to
Posted by Anaximander
3524 Third St New Orleans, LA
Member since Jun 2018
3412 posts
Posted on 3/15/19 at 10:35 am to
quote:

Except for the contractual obligation WW has to cooperate fully with LSU and NCAA in any possible investigation or rules violation. Clamming up on lawyers advice is not fully cooperating. It's the smart thing to do, but does not comply with his contractual obligations.




Contradictory obligation can be a defense to a breach of contract claim especially when it involves an officer of the court giving proper legal advice to his client. The NCAA and a civil court case by Wade against LSU would be two different things and a court could question why LSU needed Wade's cooperation, which his counsel promised after Wade gave his upcoming testimony, if they had done as they claimed and done an exhaustive investigation in several states to clear Smart.
This post was edited on 3/15/19 at 10:37 am
Posted by beauxroux
Baton Rouge, LA
Member since Nov 2010
2145 posts
Posted on 3/15/19 at 6:14 pm to
quote:

Contradictory obligation can be a defense to a breach of contract claim especially when it involves an officer of the court giving proper legal advice to his client.

So any time a lawyer tells you not to speak you're home free on your contractual obligation? Gotta call BS on that defense. As a lawyer, I'd welcome the opportunity to to challenge that weak defense in a court of law.
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