Wednesday, February 15, 2006

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.

'Because plaintiff's failure of performance was not material, defendant did not have cause for termination,' the judge wrote."
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.

There you go, Dids. That's how we got sanctions AND wrongfully fired the guy who committed them.

And Beth Eisler smiled...

11 Comments:

At 8:53 PM, February 15, 2006, Anonymous Anonymous said...

Check out the big brain on Jack. Phew, law is exhausting. I need a nap.

Break of Dawn

 
At 11:43 PM, February 15, 2006, Blogger Jack Fu said...

Completely predictably, the Bucks lost at Wisconsin. Because no one but Wisconsin and Illinois EVER wins there (and NDSU, which grows more and more bizarre with each passing day). I bring this painful game up for the sole purpose of giving credit to Alando Tucker, whom I loathe but respect. And I give Tucker props because he killed us tonight, and also because of this. He is jumping so fucking high here that the picture looks photoshopped.

Also, that picture is of Wisky's 2003 Sweet Sixteen game against Kentucky, a game which Dids and I watched while in Vegas, at the ESPN Zone in New York, New York. WARM-AND-FUZZIES!

 
At 12:16 AM, February 16, 2006, Blogger Torgonator said...

In unrelated news...

I am in love with Cassie Johnson. And I couldn't be happier that NBC has been broadcasting curling as much as it has. I simply love the goddamn sport.

I done did myself some research. It just so happens that Columbus has its very own curling club!
I... I am so happy. And if you look, you'll notice that the beginner's session happens to be the evening of Thursday, March 16th when some certain individuals will be in town to watch some certain basketball games.

I know baskteball will be on but, for fuck's sake, DOES ANYONE ELSE WANT TO CURL?!?

 
At 12:50 AM, February 16, 2006, Anonymous Al said...

You guys need to give me a tutorial on how to create a blog. I did, but it sucked beyond belief. I want one to make for my friends up here. Talk about our crap sports and the like.

 
At 11:41 AM, February 16, 2006, Anonymous Anonymous said...

I too did some research on curling in the Sourthern California area. As it turns out, ice sports aren't terribly popular down here. Might I have to move to Columbus to begin my training for Vancouver 2010?

Did anyone else catch the US Men's upset of top team Sweden this morning? What a great ninth end!

Break of Dawn

 
At 12:24 PM, February 16, 2006, Blogger Jack Fu said...

I was nervous when Rojeski jacked up the 8th end when they could totally have gotten more than 1. Then the guys went apeshit in the 9th and 10th and voila!

Victiore!

 
At 12:52 PM, February 16, 2006, Anonymous Anonymous said...

Agreed. Total jack job in the 8th. But the 8th and the 9th? That was Harlem Globetrottery...Ka-Blamo!

 
At 12:54 PM, February 16, 2006, Anonymous Anonymous said...

Obviously. In the above statement, I meant that the 9th and 10th sets were Ka-Blamo.

Break of Dawn

 
At 1:29 PM, February 16, 2006, Blogger Jack Fu said...

Evan:

1.) Regarding Cassie Johnson, you are certainly not alone. ADORABLE.

2.) It's the tourney, but I mean ... they HAVE to have TVs at the curling ... place (rink? arena? court? pitch?), right? I think we may have to go. The TV situation may weigh somewhat heavily, though. But wow, it's something to keep in mind. Wowie wow wow.

And if we do, I hope the Scotsman from the site banner is there. And someone needs to sing "curling is good fun." That site is glorious...

 
At 1:34 PM, February 16, 2006, Anonymous Anonymous said...

Which site is glorious??

Break of Dawn

 
At 2:17 PM, February 16, 2006, Blogger Jack Fu said...

The Columbus Curling Club one.

Although anything about the Johnson sisters is okay in my book, too.

 

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