Response to Dids, RE: Obie
WOO HOO!! CONTRACT LAW!!!
In this article, the pertinent information appears to be right at the beginning (hey, some Basic Journalism 101: it's an educational day at theblog.net!!):
"O'Brien broke his contract by giving the $6,000 loan, but the error was not serious enough to warrant firing, Ohio Court of Claims Judge Joseph T. Clark said, finding in O'Brien's favor in the coach's lawsuit against the university.In my humble opinion, this looks like a relatively simple case of substantial performance and anticipatory repudiation. O'Brien technically broke his contract, but not severely enough to warrant OSU's full repudiation. The big issue of fact here was probably whether Obie "substantially performed" or "materially breached." The court apparently found that he performed. Balls.
'Because plaintiff's failure of performance was not material, defendant did not have cause for termination,' the judge wrote."
There you go, Dids. That's how we got sanctions AND wrongfully fired the guy who committed them.
And Beth Eisler smiled...