BREACH OF CONTRACT

[mthoopsfan]

Are you betting that there had to be a breach?

Under the contract Hauck had the right to terminate early, but the contract has an automatic liquidated damages clause, with exceptions if the early termination is for retirement, death or disability.

There did not need to be a breach for the liquidated damages provision to apply. It applies automatically because there was an early termination. The issue is simply the calculation of the liquidated damages.

At best 7 days of Bobby’s early termination was due to retirement, but the balance of the time left on the early termination of his contract is not due to his retirement. Whether he breached the contract is only relevant to the extent UM does not want to give him credit for the 7 days.

You are wrong. That’s not how liquidation clauses work. He could terminate at anytime if he retired as UM coach. He did retire as UM coach. If he lined up another coaching job first, that likely breaches another section. Should we bet $100 on this?

 

[mthoopsfan]

How so? Since it was an internal hire, there was likely no consulting firm hired.

Were there fees for a background check? I'd assume that was done when BK was hired as a position coach. Overtime for non-exempt employees for the late night meetings?

You are correct. Likely moving expenses, tho.

 

[mthoopsfan]

Timing of his departure is the only unfortunate thing that I can see. If he had left within a week or two after the season there would have been no excuse to not do a wide search. The timing of his leaving left university leadership feeling like they had minimal options.

Edit. I may have misunderstood the question. Damages are breach of contract, if there are grounds. The university is bound by contract to pay the coach for a set period of time, and the coach is bound by the contract to perform their services for that period. The damages are likely to be defined as “immeasurable”.

The coach is not obligated to provide coaching for term of contract. He can die or retire from the job. He can’t line up a new coaching job before he retires.

 

[BDizzle]

They are 100% pursuing the buyout that’s in the contract.

 

[mthoopsfan]

They are 100% pursuing the buyout that’s in the contract.

If UM doesn’t have the facts, no way. All depends on the facts. No buy out. Just liquidates damages. Who would they get liquidates damages from? Contract doesn’t say. Tell me the facts. If Hauck had job lined up in advance, then. probably liquidated damages triggered.

 

[br fan]

You are wrong. That’s not how liquidation clauses work. He could terminate at anytime if he retired as UM coach. He did retire as UM coach. If he lined up another coaching job first, that likely breaches another section. Should we bet $100 on this?

The terms of the contract actually provide that he could terminate at any time for “any reason.”

I’m not sure what you think the bet would be. That was the point of my post was that if he lined up another coaching job first that he breached another section, not the early termination.

 

[right.right.right…]

They are 100% pursuing the buyout that’s in the contract.

And they will 100% get it.

 

[right.right.right…]

If UM doesn’t have the facts, no way. All depends on the facts. No buy out. Just liquidates damages. Who would they get liquidates damages from? Contract doesn’t say. Tell me the facts. If Hauck had job lined up in advance, then. probably liquidated damages triggered.

If Hauck and Illinois actually try and fight this through mediation, disclosure will be required. But they won’t fight it.

 

[indiancoyote]

How so? Since it was an internal hire, there was likely no consulting firm hired.

Were there fees for a background check? I'd assume that was done when BK was hired as a position coach. Overtime for non-exempt employees for the late night meetings?

Do you think employees work for free? How about the D coaches who were probably brought to Missoula before being hired. Pretty easy to show the harm.

 

[WildhorseGriz]

Illinois needs to just payout...you just don't move halfway around the country
overnight without thinking it out first, I don't care what any a---hole attorney
thinks...Hauck complain about players moving up and down for the bucks..
somebody help me out here...saw the break and took it ...now he's Mr. Social with
Illinois media...a complete 180 from Montana, come on...he needs to just own
up too it...

 

[mthoopsfan]

The terms of the contract actually provide that he could terminate at any time for “any reason.”

I’m not sure what you think the bet would be. That was the point of my post was that if he lined up another coaching job first that he breached another section, not the early termination.

That's what I have said all along. A dozen times.

 

[mthoopsfan]

Illinois needs to just payout...you just don't move halfway around the country
overnight without thinking it out first, I don't care what any a---hole attorney
thinks...Hauck complain about players moving up and down for the bucks..
somebody help me out here...saw the break and took it ...now he's Mr. Social with
Illinois media...a complete 180 from Montana, come on...he needs to just own
up too it...

Payout doesn't appear to be owed. Don't care what some asshole know-nothing who doesn't know contract law thinks.

 

[mthoopsfan]

If Hauck and Illinois actually try and fight this through mediation, disclosure will be required. But they won’t fight it.

They don't have to fight anything. UM has to initiate the action. To do that or win, UM need sto have facts showing Hauck lined up the job before he retired from UM.