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2025 ACC thread
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<blockquote data-quote="RonJohn" data-source="post: 1156888" data-attributes="member: 2426"><p>I was only trying to interpret McKenzie's analysis. I don't think he was saying that Duke's damages are $4 million. He said that the Mensah contract limits total liability of either side to the total consideration paid by Duke to Mensah. In that part, he was saying that Duke is claiming "irreparable harm", but they put a value to any potential harm in the contract. I understand that to be saying that if you put a dollar amount to it in the contract, then it can't be irreparable, it has a dollar value.</p><p></p><p>I am not a lawyer. I have not read the contract. (except exerpts) I don't now any of the actual facts. However, from what is public, it appears that Mensah did indead violate the contract. Determination of damages could happen. If it is legally determined that there are no damages to Duke, then that sets up a scenario where the schools are legally required to pay based on the contract, but the players can break the contract at any time with no penalty.</p></blockquote><p></p>
[QUOTE="RonJohn, post: 1156888, member: 2426"] I was only trying to interpret McKenzie's analysis. I don't think he was saying that Duke's damages are $4 million. He said that the Mensah contract limits total liability of either side to the total consideration paid by Duke to Mensah. In that part, he was saying that Duke is claiming "irreparable harm", but they put a value to any potential harm in the contract. I understand that to be saying that if you put a dollar amount to it in the contract, then it can't be irreparable, it has a dollar value. I am not a lawyer. I have not read the contract. (except exerpts) I don't now any of the actual facts. However, from what is public, it appears that Mensah did indead violate the contract. Determination of damages could happen. If it is legally determined that there are no damages to Duke, then that sets up a scenario where the schools are legally required to pay based on the contract, but the players can break the contract at any time with no penalty. [/QUOTE]
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