Conference only scheduling hurts FCS the most

[Roundball]

Good read, with a little more specifics on certain contract details. https://www.twincities.com/2020/06/26/g ... -worth-it/

[FurmAlum]

Furman can absolutely "afford" to file a lawsuit. It's technically not that complicated of a question.

This isn't a toxic tort against a Fortune 500 company. There aren't dozens of witnesses or medical experts and days of testimony. This would be a breach of contract.

Breach of contract disputes are rarely decided by a jury. They are usually matters of law for the judge. That is, was the contract breached? If so, what are the damages?

There's a unique fact question as to whether the force majeur provisions of a contract related to COVID. Is COVID like a natural disaster that makes playing the game unfeasible? This issue is playing out all over the country right now - what obligation do I have to fulfill my agreement because of an unforeseen viral pandemic?

I can tell you this - if Tennessee opts to play Oklahoma on the road, they are going to have a devil of a time convincing a judge that force majeur allows them to cancel the home contest against Furman. I also agree that if UT plays football against anyone (SEC included), they'll have to compensate Furman for canceling the game due to COVID. If it is safe enough to play Arkansas, it is safe enough to play Furman.

I'll put it this way, if Furman has to seek compensation because of a canceled game, I would think that risk would be absolutely worth it if it meant a significant amount of funding to our athletic program.

You've convinced me Jackal. If they don't play then make 'um pay. I know some FU alums that would probably do it pro bono.

[Furmanoid]

What happens if they want to play and we bail out? I think that’s more likely.

[FUKA61]

If UT cancels the game I think we will collect the amount in the contract called for in case of cancellation.

Want UT have to refund a lots of money to their season ticket holders for not playing. That amount would be at least three times and probably much more than what they would pay us to play. Also, the concession and parking losses would be a large amount also.

[The Jackal]

What happens if they want to play and we bail out? I think that’s more likely.

What I think you are seeing nationally is that these decisions are being made at the conference level, not with the individual schools.

I think that's where the difficulty of the non-conference game problem comes in. If the SEC says those games will be played, then you almost have to play everyone on the schedule.

If the SEC says they will not play those games, there may be a defense to a school like Tennessee under an "impossibility' theory. In essence, we can't play the game because the SEC told us not to, not because we decided not to. To make that decision, though, I think would come at the expense of their big nonconference matchups.

This could be a similar approach the SoCon would take. Tennessee can't play Furman if the SoCon says they can't play (in theory). Furman likely wouldn't make that decision.

[Furmanoid]

These conference meetings ought to be interesting. I could imagine Vanderbilt saying no season and the rest of the SEC wanting to play. In the ACC I would imagine Duke, Syracuse and BC are no’s but the others may want to play. In our conference I would expect FU to be least likely to want to play. I wonder what happens if there is no unanimity.

[apaladin]

What happens if they want to play and we bail out? I think that’s more likely.

You may very well be right but since FU is in dire financial straits and can barely afford to keep the lights on wouldn’t it be hard to just give away $650k? Then again with the current leadership.......UT could still honor the contract by rescheduling which is prolly what they do. FU does not have an FBS game scheduled after 2025.

[Roundball]

Makes me think all SEC games have language to get out of certain contracts. From the article: For example, Florida’s contract with New Mexico State stipulates that if the game is called off under the prohibitory authority of the SEC, "both parties shall be relieved of any and all obligations of this agreement."

Check out this article from USA TODAY:

More than $100 million at stake if other Power 5 schools eliminate non-conference games

https://www.usatoday.com/story/sports/n ... 420850002/

[Furmanoid]

In these type relationships the John usually has all the power. If we don’t go along with what they want, we can just be black balled going forward. The whole FCS thing is starting to seem pretty weird. It’s like we are so proud to be in a division where the schools have to prostitute themselves in rigged games against the power 5’s just to survive. Go us.

But then again, it may turn out that Tennessee wants to play and we don’t in which case I apologize to them.