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  • #91
    Re: Fired Coaches

    Originally posted by JackJD View Post
    There are a few comments about contracts in this thread that demonstrate a lack of understanding of some basic contract principles. But, carry on: everyone can have an opinion.
    What is the basic thing to understand after expecting enough money can alter original intentions?
    Best to remember these are kids and they are doing everything they can to entertain us, be scholars, and all in all be great humans. Jackedforlife

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    • #92
      Re: Fired Coaches

      Originally posted by bigticket1 View Post
      From what I am reading , Flip was told he couldn't hire his son Ryan , who is currently with the Washington Wizards.
      That sounds like a major issue, have heard some rumblings that they also wanted to select his entire staff, and were somewhat low-balling him in salary.

      In Minnesota's defense, they had issues with Tubby's son who was an assistant (he was suspended this season), but from all reports Flip's son is a good coach

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      • #93
        Re: Fired Coaches

        Originally posted by OldHare View Post
        What is the basic thing to understand after expecting enough money can alter original intentions?
        We won't get the subject of Contract Law covered in a fan message board!

        I think some posters may not be aware that generally courts won't enforce penalty clauses in contracts -- do not confuse that point with a 'liquidated damages' clause. Setting a buyout so high as to be punitive, even if the 'right language' is used so that the buyout is called liquidated damages, will result in a court not enforcing the buyout clause (or, in an unusual case, adjusting the buyout amount).

        I get the impression some feel that it is possible to draft a contract which would ultimately force a person to work. Hmmm...I thought we got rid of slavery in this country.

        In contract disputes, the goal is to provide an aggrieved party with a remedy which attempts to place them in the position they should have been in had the contract been performed. Usually, but not always, that is done by assessing the damages in terms of money and then awarding monetary compensation to the aggrieved party. In some cases, when money damages won't fix the problem or are inadequate, the court may have other remedies it can work with. Forcing a person to provide personal services like coaching, isn't going to be one of them.
        Last edited by JackJD; 03-30-2013, 11:50 PM.

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        • #94
          Re: Fired Coaches

          Originally posted by JackJD View Post
          We won't get the subject of Contract Law covered in a fan message board!

          I think some posters may not be aware that generally courts won't enforce penalty clauses in contracts -- do not confuse that point with a 'liquidated damages' clause. Setting a buyout so high as to be punitive, even if the 'right language' is used so that the buyout is called liquidated damages, will result in a court not enforcing the buyout clause (or, in an unusual case, adjusting the buyout amount).

          I get the impression some feel that it is possible to draft a contract which would ultimately force a person to work. Hmmm...I thought we got rid of slavery in this country.

          In contract disputes, the goal is to provide an aggrieved party with a remedy which attempts to place them in the position they should have been in had the contract been performed. Usually, but not always, that is done by assessing the damages in terms of money and then awarding monetary compensation to the aggrieved party. In some cases, when money damages won't fix the problem or are inadequate, the court may have other remedies it can work with. Forcing a person to provide personal services like coaching, isn't going to be one of them.
          This is good information, but not all of it applies to coaching contracts. Your view feels more slanted to the construction industry. A buyout clause is not meant to keep someone working. They can resign and stop coaching at any time without penalty. I could go on here, but i think we all get the point.

          LD's are absolutely enforceable......IF there is proper documentation as to how the damages were calculated and written into the original contract. Correctly calculated, of course.

          So.........back to fired coaches. Who is everyone's guess at the next Gophers coach? I'm thinking Greg Marshall.

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          • #95
            Re: Fired Coaches

            Originally posted by TK22867 View Post
            This is good information, but not all of it applies to coaching contracts. Your view feels more slanted to the construction industry. A buyout clause is not meant to keep someone working. They can resign and stop coaching at any time without penalty. I could go on here, but i think we all get the point.

            LD's are absolutely enforceable......IF there is proper documentation as to how the damages were calculated and written into the original contract. Correctly calculated, of course.

            So.........back to fired coaches. Who is everyone's guess at the next Gophers coach? I'm thinking Greg Marshall.
            While a properly constructed liquidated damages clause has an excellent chance of being enforced, if one pushes the envelope too far a liquidated damages clause can be found unenforceable. My point is some posters seem to suggest it was possible to draft contracts to accomplish certain goals which, when pushed too far, are at risk of being held unenforceable. And there's the practical problem: what coach (or school) is going to sign a contract they feel favors the other party too much in the event a party wants 'out'. So, schools and coaches negotiate the best they can, reach a deal they can live with.

            With respect to fired coaches...how is Minnesota going to find a coach having an established reputation who has a track record that exceeds Tubby Smith's record? I think the Gophers will be taking a shot at a top assistant at a good program, one with proven coaching ability (the Gophers have hired good recruiters who apparently couldn't coach the recruits).

            Where will UCLA's coach end up?

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            • #96
              Re: Fired Coaches

              It's been my experience that Gopher fans have been completely delusional in this search. They fully expected to land Smart or Stevens.

              It will be interesting to see if Howland coaches or sits out this year.

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              • #97
                Re: Fired Coaches

                Tubby Smith has agreed to become the next coach at Texas Tech---- check that, TT has released statement saying they have not. sounds as if they are still working out the contract, but could very well be on the verge of happening.

                I think its a good hire and job for him.
                Last edited by joeboo22; 04-01-2013, 01:21 PM.

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                • #98
                  Re: Fired Coaches

                  Tubby Smith's son on twitter said his dad is the new coach at Texas Tech- I like the hire, I'm not a big Tubby guy but I feel this is the type of job he can thrive at, with a little less pressure, and not as much expectations. He can get them to a tournament team.

                  Sports Illustrated is reporting that FGSU's Andy Enfield is close to being the next coach at USC. I like this hire as well, I'm not huge on Enfield as I think he just caught lightening in a bottle, but a program like LA where he has top notch facilities and ZERO expectations he can change the attitude there.

                  As for Minnesota, the only interview who hasn't said no thanx to them yet is Jim Molinari, and that sounded more like a courtesy interview then a real interview. Hearing they are more likely to target an assistant now, but no one really knows.

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                  • #99
                    Re: Fired Coaches

                    Enfield salary is likely going to jump from 150,000 to 1.5millon. http://cbsprt.co/10jXp3k
                    "This is your life and it's ending one minute at a time." -Tyler Durden

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                    • Re: Fired Coaches

                      Originally posted by witness View Post
                      Enfield salary is likely going to jump from 150,000 to 1.5millon. http://cbsprt.co/10jXp3k
                      Pretty shocking what a second place finish in the 26th best conference can get you when you win a couple tournament games (FGCU won 15 games last year).

                      Think what Nagy would be looking at if SDSU had somehow managed to make the sweet 16... he would probably be in consideration for Minnesota at this point.
                      “I used to be with it. But then they changed what it was. Now what I’m with isn’t it, and what’s it seems scary and wierd. It’ll happen to you.” — Abe Simpson

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                      • Re: Fired Coaches

                        Originally posted by SF_Rabbit_Fan View Post
                        Pretty shocking what a second place finish in the 26th best conference can get you when you win a couple tournament games (FGCU won 15 games last year).

                        Think what Nagy would be looking at if SDSU had somehow managed to make the sweet 16... he would probably be in consideration for Minnesota at this point.
                        Yes, the catch 22 of tournament success at the mid-major level.
                        We are here to add what we can to life, not get what we can from life. -Sir William Osler

                        We do not see things as they are, we see things as we are.

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                        • Re: Fired Coaches

                          Originally posted by SF_Rabbit_Fan View Post
                          Pretty shocking what a second place finish in the 26th best conference can get you when you win a couple tournament games (FGCU won 15 games last year).

                          Think what Nagy would be looking at if SDSU had somehow managed to make the sweet 16... he would probably be in consideration for Minnesota at this point.
                          Honestly at this rate who knows Nagy might be a candidate for the Minnesota job.

                          I think the one thing Enfield had going for him is his success as an assistant in the NBA, had quite a few high profile NBA guys backing him up.

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                          • Re: Fired Coaches

                            Originally posted by joeboo22 View Post
                            Honestly at this rate who knows Nagy might be a candidate for the Minnesota job. I think the one thing Enfield had going for him is his success as an assistant in the NBA, had quite a few high profile NBA guys backing him up.
                            I know Nagy isn't a candidate for the Minnesota job.
                            Disclaimer: This post may contain assumptions and/or opinions related to Jackrabbit Athletics.

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                            • Re: Fired Coaches

                              Originally posted by SDSUAlum08 View Post
                              I know Nagy isn't a candidate for the Minnesota job.
                              But does he have a shot for the opening at South Dakota State?

                              "I think we'll be OK"

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                              • Re: Fired Coaches

                                Originally posted by filbert View Post
                                But does he have a shot for the opening at South Dakota State?

                                . . . Sorry, everyone. I find it hard to resist, sometimes . . .
                                "I think we'll be OK"

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