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Tailgate Guru

Joined: 01/05/2001 Posts: 9457
Likes: 3902


In real life, it comes down to $$$


Your idea is interesting, and I haven't looked at the agreements, but the scenario you describe contemplates that either the Big 12 and OU agree to "get along" with respect to television or, alternatively, a court compels one party or the other to perform their obligations under an agreement, which we lawyers call specific performance. OU and the Big 12 aren't going to get along. And generally, specific performance (an equitable remedy) is not available when there is an adequate remedy at law (i.e., money damages).

Specific performance is usually available only when the thing bargained for is very unique and irreplaceable. Like you contracted to buy a motorcycle that Elvis once owned. Or you agreed to perform unique personal services of some kind (maybe, George Strait performing in a Vegas casino).

There are probably two separate agreements, one dependent on the other. The first is the GoR agreement, the second is an agreement between the Big 12 and the networks. If OU bolted for the Big Ten, OU is probably going to breach one if not both of those agreements, and the damages will likely be based on how much the Big 12's media contract is diminished as a result of replacing OU with, say, Houston or Cincinnati or BYU.
[Post edited by Tailgate Guru at 02/24/2016 9:29PM]

(In response to this post by Mizzoufan)

Posted: 02/24/2016 at 9:29PM



+1

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Current Thread:
 
  
Mizzou fan here; GOR thoughts -- Mizzoufan 02/24/2016 9:15PM
  Welcome. very interesting view -- ahokie4u 02/24/2016 10:12PM
  Thanks for the welcome. nm -- Mizzoufan 02/24/2016 10:20PM
  In real life, it comes down to $$$ -- Tailgate Guru 02/24/2016 9:29PM
  Re: In real life, it comes down to $$$ -- Mizzoufan 02/24/2016 10:15PM
  So if WF left, the ACC would owe them money? -- EDGEMAN 02/25/2016 08:10AM
  Re: In real life, it comes down to $$$ -- 33laszlo99 02/25/2016 03:00AM
  That's based upon what happened w/ Maryland. -- chuckd4vt 02/25/2016 02:35AM
  A few points... -- ren_hoek 02/25/2016 09:41AM
  The GOR is not dependent on a network -- ren_hoek 02/25/2016 10:37AM
  Swofford has specifically stated it ** -- ren_hoek 02/25/2016 10:50AM
  Don't remember exactly where/when, but -- ren_hoek 02/26/2016 07:11AM
  Wrong as usual -- ren_hoek 02/25/2016 10:39AM
  Both Wrong -- 33laszlo99 02/26/2016 03:30AM
  One of us doesn't understand a GOR -- ren_hoek 02/25/2016 11:04AM
  But wouldn't the old conference have to pay for -- Mizzoufan 02/25/2016 11:15AM
  GoR Refresher... -- 33laszlo99 02/26/2016 05:24AM
  Re: That's based upon what happened w/ Maryland. -- 33laszlo99 02/25/2016 03:25AM

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