(03-06-2018 02:37 PM)Frank the Tank Wrote:  

(03-06-2018 12:51 PM)ark30inf Wrote:  

(03-06-2018 09:29 AM)quo vadis Wrote:  

(03-06-2018 01:23 AM)arkstfan Wrote:  

(03-05-2018 11:40 PM)quo vadis Wrote:  I think that clause looks great for Miami. There was a Federal and State of Emergency in their area at the time. If I'm a judge, that's all i need to know to not second-guess decisions made by school officials, really it should take about 10 seconds for the judge to find in Miami's favor on that.

As I said before, there's no reason for a "clause" of any kind to handle truly impossible situations, because it goes without saying that no party can be held in breach of contract for failing to do something that is impossible to do. The existence of the clause is meant to explain what should happen in the event an emergency makes playing onerous, unwise, etc.

You seem to be under the impression the game was to be in Miami. There were evacuation orders for low lying and coastal areas. The government recommendation was to leave, not to stay.

I'll be shocked if any judge is impressed by arguments made by ARK lawyers - from months removed from the hurricane and from the comfort of a court room - about how Miami officials responded in real time in an emergency situation. Any good judge will be loathe to second guess.

But we'll see ...

Judges generally don't go on emotion or where you are from as a practice.

Any ruling will serve as precedent in Florida regarding Force Majeure...and in Florida thats sort of important.

If a plumber says he can't do the work because a hurricane might hit right after and travel might be difficult....and then refuses to return the deposit...and tells you he can maybe reschedule in 9 months because he might have more profitable work come up and wants to keep his schedule open...

Does a Florida judge want to set the precedent that this is what Force Majeure is for everyone and every business in Florida from now on?

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I think you're projecting your own emotions on the case here. I could very easily see the Florida judge go the other direction because the precedent isn't about the big Power Five school University of Miami. Rather, it's about whether every educational institution in the state needs to worry about a force majeure clause being enforced when they are making what they believe is a safety decision with respect to their students and employees. It's easy to tell a school with the resources of Miami that they should just pay up, but imagine if a Florida-based high school was in the same situation. I find that to be much more likely than the plumber-type hypothetical that you presented.

Also, in your plumber hypothetical, the main difference here is that Miami hasn't paid a "deposit" on anything. I guess you're arguing that Arkansas State playing a road game at Miami is the equivalent of a "deposit", but in looking at the clauses in the complaint, I don't believe that's the case. The liquidated damages clause does seem to lean toward it not applying along as there wasn't a cancellation for breach of contract (and a force majeure cancellation is inherently NOT a breach of contract).

They got a cheap home game as part of a home and home deal. The difference between what they paid for the game and our normal price for buy games is the "deposit".

Now you are right, they may be able to wiggle out on some technicality by getting the judge to see them as two separate contracts. But it would still be them "stealing the deposit" from us in moral terms. Unfortunately people get screwed by technicalities sometimes and its just part of it. Still an injustice when it happens, and in this case, in bad faith.

As for the rest, who knows what logic the judge will apply. My point was really in response to the post that a Florida judge would be more sympathetic...and my example was to highlight that the judge will be more concerned about precedent and legal points than about poor UM's hurricane trauma and people from Arkansas being meanies. Probably.





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