Legal question

[emmitt01]

The athletic department billed this squad as "the most talented North Texas team in history".

The AD brought in this coach.

I was sold tickets to watch said "best in NT history" squad.

Benford has been a complete and utter disaster.

Breach of contract? False advertising? Can I recoup for mental anguish?

[DeepGreen]

Mean Green Fans Psychiatric Helpline - $ .50 cents

Breach of contract? No, you did not sign any such contract.

False advertising? What's false about it? Going into the season we had the most talent in UNT history. Players that is.

Can I recoup for mental anguish? No. The fact that you have been a UNT follower for so long suggests that you have accepted mental anguish as part of the Mean Green fan package.

Edited February 19, 2013 by DeepGreen

[NT1978]

It just goes to show you the luck of North Texas. We are unfortunate enough to have the "most talented North Texas team in history" the exact same year that Alabama Huntsville and the entire Sunbelt Conference have their most talented teams in their history...

[Eastwood Eagle]

Promises which foreseeably induce reliance on the part of the promisee will often be enforceable with out consideration (a necessary element for a contract). This is known as the doctrine of promissory estoppel, see Restatement (Second) of Contracts §90. It is immaterial that UNT fans never signed a physical contract. Also, the promise does not even need to be an express promise (although I think we can argue there was an express promise in this case).

First, As UNT fans we would need to prove that UNT made a promise to us. The promise must be clear and unambiguous. Emmitt says the AD billed this team as the most talented team in UNT history. I think this is clear promise that this would be a team worth paying hard earned money for and a team that could put a ton of Ws on the board and bring general excitement to the otherwise painful sports life of a UNT fan.

Second, there must be reliance by the party to whom the promise is made. Here, there is reliance on fans. We bought season tickets, donate to the school, buy generic UNT basketball shirts, tailgate during women's games, all in reliance on the promise that UNT gave us that this would be the most talented team in school history.

Third, the reliance must be reasonable and forseeable. I think the AD would concede that it would be foreseeable that we would go bonkers (sorry for my legalese) for this upcoming season. I think we had post talking about how we could get ranked. It should not come to a surprise to them that their promise of memorable season would induce our reliance.

Fourth, and most importantly, the party asserting promissory estoppel must be injured be reliance. Damages here range from loss of money from season tickets to emotional damages, sever emotional damages (punitive damages anyone?).

So what is our remedy?

Basic reliance remedy is to put the promisee: in as good as position as he would have been had the promise never been made or to reimburse the party for loss caused by reliance.

Here, to hopefully settle this case before a nasty trial, I think all of us on GMG.com would rather be placed in the position we be in had the promise never been made.

I think an strong argument can be made that his means we need to bet put in a place PRE BENFORD since part of the promise was hinged on Benford being coach. It follows, that if we were going to be placed in the same position we were pre promise, then that means we will be placed in a position with out Benford.

- 1L who is procrastinating his actual work.

Note: Let me know if you want to hear my alternate theory- the strict tort liabilities of manufacturing defect and design defect in this years team.

Edited February 20, 2013 by Eastwood Eagle

[KRAM1]

The athletic department billed this squad as "the most talented North Texas team in history".

The AD brought in this coach.

I was sold tickets to watch said "best in NT history" squad.

Benford has been a complete and utter disaster.

Breach of contract? False advertising? Can I recoup for mental anguish?

None of the above...just plain dumb post. You need cookies!

[gksmith]

The athletic department billed this squad as "the most talented North Texas team in history".

The AD brought in this coach.

I was sold tickets to watch said "best in NT history" squad.

Benford has been a complete and utter disaster.

Breach of contract? False advertising? Can I recoup for mental anguish?

Nice try but...no.

[GreenMachine]

None of the above...just plain dumb post. You need cookies!

Wow, if somebody responded to one of your posts like this, you would have come unglued.

[KRAM1]

Wow, if somebody responded to one of your posts like this, you would have come unglued.

Can you make a list out of this?

I quote the by-line on all your posts "everyone is entitled to their own opinion. It's just that yours is stupid".

Hmmmmmmm. Funny bit of irony there sport!

[GreenMachine]

Can you make a list out of this?

I quote the by-line on all your posts "everyone is entitled to their own opinion. It's just that yours is stupid".

Hmmmmmmm. Funny bit of irony there sport!

You think something in my sig line is the same as a direct reply to someone?

[Mean Green Matt]

Is murdering a basketball program a crime?

[adman]

Is murdering a basketball program a crime?

Carlton Dotson says yes.

[Legend500]

Mere puffery.. Sadly, that is all.

- 7L procrastinating while (still) at work.

[KRAM1]

Question...."most talented" they might just be...but does individual talent in relation to team sports always guarantee a winning team? Bring promised the "most talented" does not seem to me to be a promise of a championship team. Who else remembers the second (I think second) squad that Trilli had...Davis, Miller, Tennell, etc. That was some individually talented team as well. As I recall, the team W/L record was not so great. I see this in pro and HS sports as well and on a fairly regular basis.

Just wondering if "talent" is always deemed to result in good W/L records for teams when they blend all that talent together and when injuries to some of the "most talented" are considered. Wonder if anyone has studied this? Seems like it might make a great Master's Thesis topic or PHD Dissertation or something like that.

Not wanting to gin up a whole new argument here and not siding with any position stated here...just asking the question...seems there could be some differences to me that might have an impact.

[forevereagle]

Just wondering if "talent" is always deemed to result in good W/L records for teams when they blend all that talent together and when injuries to some of the "most talented" are considered. Wonder if anyone has studied this? Seems like it might make a great Master's Thesis topic or PHD Dissertation or something like that.

The Lakers would like to know.

[KRAM1]

The Lakers would like to know.

That's sort of why I asked the question...Lakers are a good case in point.....watched a Laker game recently and was wondering how a team could be so talented and just have such a bad record. Talented individuals seem to, at times, have trouble meshing into a good team. Like the Laker's perhaps.

[Grant.UNT]

Is murdering a basketball program a crime?

apparently not because Coach Benford is walking around free and happy. They were having an appreciation night with free stuff and on court acknowledgement of MGC reps and I couldn't even bring myself to attend that.

Edited February 26, 2013 by Grant.UNT

[MeanGreenDan]

They were having an appreciation night with free stuff and on court acknowledgement of MGC reps and I couldn't even bring myself to attend that.

That is at tomorrow's game, so you still have a chance to right that wrong ship.

[Grant.UNT]

it's right in my heart. I can't go falsely cheer for a coach that I don't think should be here.

[UNT90]

Lakers are old.

Plain and simply.

Coach's job to get the most out of the talent. That's why you have a coach, after all.

If not, just recruit a bunch of talented guys and let them play coachless.

[ragpicker]

Caveat Emptor

[Eastwood Eagle]

Is murdering a basketball program a crime?

Checked the Texas Penal Code and yes it is. It's called being Benfor'd.