McCarthy Gone - Now the search is on - Schottenheimer Hired

[dpf1123]

Speaking of Werder and nightmare reports...

My god. It just keeps getting worse.

 

[Genghis Khan]

Isn't that 1L Contracts? You can't sign a contract to agree to sign a contract?

Based on my flawed memory of contracts...

You can, I think. The question is whether it's binding, because for a contract to be binding there needs to be consideration. But a term sheet could be used towards exculpatory evidence if the intent of the parties to actually be in a contract is disputed.

Especially in a situation like this where one party actually starts performing his part of the contract and the other party fulfills their obligations also (as in, Belichick starts building a staff, recruiting, etc, and the university in turn is paying him). They don't literally have to sign a contract for a contract to be formed.

So then the question is, what were the terms of the contract they are performing? That's where the term sheet can potentially come in as evidence. But even that isn't 100% certain that it's to be followed, though it can be highly persuasive to a judge.

It's hard to argue that you performed the agreement and received compensation for said performance per the agreement, but didn't intend on the rest of the terms to be binding despite language that it's not.

Again, my memory of it is imperfect so I might be forgetting some concepts.

 

[Genghis Khan]

To be clear, I think what the term sheet means by "not intended to be binding" is that, if Belichick wanted to back out before specific performance in accordance with the contract terms, he could with no penalty.

But once he starts performance (which is apparent that he has), they pretty much have an agreement and the term sheet is a pretty good piece of evidence of what that agreement is.

So yeah I think this is probably pretty much binding unless there's some sort of offsetting language elsewhere or evidence that Belichick didn't intend for that part of the contract to be included.

 

[ravidubey]

Speaking of Werder and nightmare reports...

I’d prefer Sanders to many other options including Moore, Carroll, and of course Witten.

There are many kinds of head coaches out there, and this one has already proven he can wrap Jerry around his finger “both” ways.

Of course he might sell out for a chance to draft his son, but that’s not happening (and even if it did, it’s better than Dak long term)

 

[Chocolate Lab]

Based on my flawed memory of contracts...

You can, I think. The question is whether it's binding, because for a contract to be binding there needs to be consideration. But a term sheet could be used towards exculpatory evidence if the intent of the parties to actually be in a contract is disputed.

Especially in a situation like this where one party actually starts performing his part of the contract and the other party fulfills their obligations also (as in, Belichick starts building a staff, recruiting, etc, and the university in turn is paying him). They don't literally have to sign a contract for a contract to be formed.

True, I remember that.

But, correct me if I'm wrong, it seems like if Bill really wanted out, he would have a much better chance of doing it without a huge legal remedy against him than if he'd actually signed the "real" contract. Meaning UNC could sue him and probably be awarded whatever dollar figure would roughly equal the damages UNC has incurred from not having hired another coach, being months behind in recruiting, etc. Whereas if the actual contract were signed, he wouldn't even be allowed to do it (without paying the buyout).

It's all academic anyway because this isn't happening. So not sure why I even care about this.

 

[Genghis Khan]

I’d prefer Sanders to many other options including Moore, Carroll, and of course Witten.

There are many kinds of head coaches out there, and this one has already proven he can wrap Jerry around his finger “both” ways.

Of course he might sell out for a chance to draft his son, but that’s not happening (and even if it did, it’s better than Dak long term)

Those choices are depressing.

 

[ravidubey]

Those choices are depressing.

Yep

Unfortunately it’s not in Jerry’s nature to hire a rising, in-demand, hungry coordinator

 

[Chocolate Lab]

Those choices are depressing.

That's the bottom line. We're debating Quincy vs Hutch here, with a side of Drew Henson.

 

[Cowboysrock55]

Yep

Unfortunately it’s not in Jerry’s nature to hire a rising, in-demand, hungry coordinator

Have you not seen he is interviewing Moore!!!!!!

Which based purely on appearance alone there is no way that dude can command the respect of an entire team. I've heard he isn't a very good interview. Probably because his personality is seriously lacking.

 

[Genghis Khan]

True, I remember that.

But, correct me if I'm wrong, it seems like if Bill really wanted out, he would have a much better chance of doing it without a huge legal remedy against him than if he'd actually signed the "real" contract. Meaning UNC could sue him and probably be awarded whatever dollar figure would roughly equal the damages UNC has incurred from not having hired another coach, being months behind in recruiting, etc. Whereas if the actual contract were signed, he wouldn't even be allowed to do it (without paying the buyout).

It's all academic anyway because this isn't happening. So not sure why I even care about this.

Yeah, if a contract is ruled to be breached then the breaching party is responsible for making the other party whole again, to restore them to the point they'd be if the contract had actually been fulfilled. But with the buyout I'm not sure if he'd be ruled to be responsible for anything other than the buyout, because in theory the buyout is built in to compensate the university for all those things you mentioned.

So he'd probably be liable for the buyout either way if it were ruled that he agreed to it, but I'm not sure for anything else if he breached other than maybe legal fees.

And yes there's no hope here.

 

[ravidubey]

Have you not seen he is interviewing Moore!!!!!!

Which based purely on appearance alone there is no way that dude can command the respect of an entire team. I've heard he isn't a very good interview. Probably because his personality is seriously lacking.

I wonder if Moore gets a single serious HC interview (besides our dog and pony show)

 

[Genghis Khan]

 

[Chocolate Lab]

FWIW, Belt was back from vacation today and unleashed his damning McCarthy stories. Took like a half hour to do it.

It was the biggest nothingburger ever. It was stuff like Mike wanted input into the offense when Kellen was running it, and Belt thought he should have stood completely aside to let KM do whatever he wanted. Mike didn't like Jerry hiring coaches and looked over his shoulder at them. Mike wanted to get rid of so many option routes, and Dak loved them.

It was so petty and ridiculous. I came away thinking if after five years working in Jerry's dysfunctional circus those are the only minor things you can come up with, that's a positive for Mike, not a negative. Fortunately the other hosts pushed back against him in the next segment and IMO made him look (even more) stupid.

 

[Texas Ace]

@Texas Ace

 

[Texas Ace]

 

[Texas Ace]

Speaking of Werder and nightmare reports...

My God.

I never thought the day would ever come where I'd damn near have to pray that Deion Sanders accept the opportunity to be the Cowboys coach.

That ought to tell you just how bad I DON'T want Moore to get the job.

I know a lot of people say shit in the heat of the moment but I totally mean it -- if Moore is the next coach then I quit.

I'm serious..... That would be the last straw for me.

 

[Texas Ace]

And fuck this stupid fucking coaching search thread.

I just knew our "search" was gonna go this way.

Fuck me.

 

[Simpleton]

I’d prefer Sanders to many other options including Moore, Carroll, and of course Witten.

There are many kinds of head coaches out there, and this one has already proven he can wrap Jerry around his finger “both” ways.

Of course he might sell out for a chance to draft his son, but that’s not happening (and even if it did, it’s better than Dak long term)

The only hope with Deion is that he has two strong coordinators and can shame this cheap ass franchise into spending some money in FA.

 

[Bipo]

No one here will quit this board over a shitty coach hire.

Either you will still be here or you will start a new account and still be here.

 

[Simpleton]

I wonder if Moore gets a single serious HC interview (besides our dog and pony show)

He supposedly already interviewed with two other teams, who knows how "serious" any interview is but they were seemingly as serious as any other random interview.