Georgia QB Jaden Rashada sues Florida coach Billy Napier, among others, over botched $13.85M NIL deal
Also named in the bombshell suit are a former Gators football staffer as well as a prominent booster
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NIL Craziness... Gator edition
- Thread starter gobigblue812
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Wow.
A lot to consider, here.
Was there ever “a writing,” to evidence the deal?
In many states, any contract that cannot be completed within a year, requires a signed, written agreement, to be enforceable under the “Statute of Frauds.”
Can the “promises” be broken into smaller pieces? The promise of “X amount” “to sign a NLI, today” certainly sounds like something that can be quickly accomplished, avoiding SOF considerations, making oral/verbal contracts enforceable.
How many communications were by text/e-mail, and how many merely verbal conversations? How does Florida deal with texts and e-mails that are in writing and SOF requirements?
A lot to consider, here.
Was there ever “a writing,” to evidence the deal?
In many states, any contract that cannot be completed within a year, requires a signed, written agreement, to be enforceable under the “Statute of Frauds.”
Can the “promises” be broken into smaller pieces? The promise of “X amount” “to sign a NLI, today” certainly sounds like something that can be quickly accomplished, avoiding SOF considerations, making oral/verbal contracts enforceable.
How many communications were by text/e-mail, and how many merely verbal conversations? How does Florida deal with texts and e-mails that are in writing and SOF requirements?
I'm no lawyer, but I deal with a lot of investment and real estate contracts, plus I stayed at a Holiday Inn Express one time, so offering an amount ($1mm) tied to a singular event (signing a NLI) sure seems like a verbal contract, especially if it was offered/confirmed by two separate decision makers. I always at least send an email or text to summarize the agreement and confirm understanding, hopefully he did the same.
Yep!
Now, can the entire sum be considered a binding contract?
The Devil is in the details.
Jurors have been surprised to see witnesses acknowledge verbal agreements, only to see Judges dismiss the case . . . Lexington attorney Melbourne Mills being an example.
He admitted promising a secretary 1 million dollars to organize a complex injury case that yielded him far more than the million promised. Some portion of the Statute of Frauds was found applicable, and he walked paying her nothing.
In a case in my hometown, two guys were negotiating a real estate sale. A verbal offer and agreement occurred with no writing.
A good attorney asked the lawyer on the other side to write him a letter summarizing the other lawyers’ clients’ position. Foolishly, the attorney wrote a letter admitting his client had offered to sell the property at a particular price, but as there was no signed writing showing the agreement, it was void: the kicker . . . a 1906 Kentucky Court of Appeals decision said that an attorney’s signed letter admitting the deal on behalf of a client satisfied the Statute of Frauds requirement of a signed, written instrument. (Until 1977, the Kentucky Court of Appeals was Kentucky’s highest appellate court).
This will be settled quickly out of court by Florida & the booster. Bad publicity for a head coach already on a hot seat, and a football program falling behind an expanded SEC and resurgent FSU & Miami(fl).
Kid will get millions for never even taking a snap in practice in Gainesville. Then he likely starts for Georgia in 2025 and he can pound the Gators on the field
Kid will get millions for never even taking a snap in practice in Gainesville. Then he likely starts for Georgia in 2025 and he can pound the Gators on the field
