Announcement PH Beta → Check it out! Click Me! (you might be see "unsafe", but it is safe)
Nonstopdrivel
13 years ago
Why are courts so hesitant to award specific performance?
UserPostedImage
beast
13 years ago

Actually, if I were Josh Bell and really wanted to be an asshole, I'd find a sleazeball attorney and sue the Packers for breach of contract.

Originally Posted by: Wade 



For not giving a Super Bowl ring to someone to be breach of contract, wouldn't the ring and/or Super Bowl winnings have to be written into the contract? I have no idea if it is or isn't but my guess is that's it's not talked about in the contracts but more of something assumed.

Also I believe I've read some where the rings are normally considered a gift from the owners (at least in the in the NFL legal writing) and therefor the NFL and Owners lawyers would argue that point, saying Owners can choose to give or not give a gift to whom ever you choose.

In the Packers case, Mark Murphy and some of the top staff might do that instead of the Owners.

Of course you can try to sue about anything... but it doesn't mean you won't lose and have the pay the lawyer bills of both sides.
UserPostedImage
Wade
  • Wade
  • Veteran Member
13 years ago
Rourke:
Courts don't like ordering people to take a specific action. They tend to focus instead on "making the injured party whole," on providing the value they would have received but for the breach. And they tend to think "a dollar worth of value" is the same everywhere.

Specific performance requires them to say "this particular value can only be received one way.

Its the difference between buying a house and agreeing to mow the house's lawn. If I pay a kid to mow my lawn and he doesn't do it, I can hire someone else to do it instead. My "damages" are the money I paid the kid. So the court would award me those damages (make the first kid repay me) and I'm where I'd be without the breach, with the lawn mowed minus the cost of mowing. On the other hand, if the kid's dad agrees to sell me his cool house next to Jessica Biel's mansion, the only way I'm going to get what I expected is if I get *that* house. If I just get my money back, I'm still without being able to see Jessica in a bikini from my back yard. I haven't been made, er, whole.


Beast:
I didn't say the sleazy lawyer would win. But I think they'd have a good case -- especially since the Packers ended up with how many people on IR? And if every one of them, except Bell, got a ring worth at least 30,000, it doesn't look all that much like a gift. Getting a ring for the owner's mistress or favorite son is a gift. Giving a Christmas ham to every employee is a gift. Giving a ring worth five figures to every employee....well, if I were an ordinary for-profit enterprise, I wouldn't want to argue to my shareholders that it's a gift.

Do the Packers file a gift tax return for each of the other 150 plus recipients? (Since it's beyond the annual exemption amount, if it's a gift, its a gift subject to the gift tax.)

It smells like an employer holding a grudge getting back at someone for not accepting a lower salary than already promised. (Oh, yes, and if an employer gave everyone a ham except one employee who pissed the boss off ... then I'd make the same argument. That would also smell.)


And do not be conformed to this world, but be transformed by the renewing of your mind, that you may prove what is that good and acceptable and perfect will of God.
Romans 12:2 (NKJV)
Zero2Cool
13 years ago
Josh Bell didn't want the injury settlement because it was LESS than what he'd get on Inured Reserve. He contributed nothing to the team in leadership or anything of the sort.

Four pages on JOSH BELL??? What, the, HELL!
UserPostedImage
mi_keys
13 years ago
Wade,

Out of curiosity would the gift tax apply to the Packers when it's the NFL that buys the 150 rings? I'm guessing that the point of the gift tax above a certain threshold is to prevent companies from dumping off earnings as "gifts" back to investors or employees tax-free instead of with a taxable dividend or income. Would the NFL be the ones to pay the gift tax?
Born and bred a cheesehead
nerdmann
13 years ago

Josh Bell didn't want the injury settlement because it was LESS than what he'd get on Inured Reserve. He contributed nothing to the team in leadership or anything of the sort.

Four pages on JOSH BELL??? What, the, HELL!

Originally Posted by: Zero2Cool 





I agree. He forced the team to pay him $500,000.00, rather than taking a settlement and trying to hook with another team. Makes him less attractive as a player, especially now that he's bitching about wanting a ring.
It's a shame too, because I actually liked Bell. He's a Charlie Peprah type player, at CB.
“Winning is not a sometime thing, it is an all the time thing. You don't do things right once in a while…you do them right all the time.”
Nonstopdrivel
13 years ago
What's so wrong with his decision? If he suspected the Packers had a chance to go a long way and perhaps be a perennial winner, wouldn't it make sense to try to hang around and compete for a job the following year?
UserPostedImage
Zero2Cool
13 years ago

What's so wrong with his decision? If he suspected the Packers had a chance to go a long way and perhaps be a perennial winner, wouldn't it make sense to try to hang around and compete for a job the following year?

Originally Posted by: Nonstopdrivel 



](*,) 😣 😣 😣 😣 😣
UserPostedImage
nerdmann
13 years ago

What's so wrong with his decision? If he suspected the Packers had a chance to go a long way and perhaps be a perennial winner, wouldn't it make sense to try to hang around and compete for a job the following year?

Originally Posted by: Nonstopdrivel 




It's what I would have done. But why sign a guy if he's gonna force you to pay him a half mil instead of accepting an injury settlement and then try to go actually earn some money somewhere?

“Winning is not a sometime thing, it is an all the time thing. You don't do things right once in a while…you do them right all the time.”
Wade
  • Wade
  • Veteran Member
13 years ago

Wade,

Out of curiosity would the gift tax apply to the Packers when it's the NFL that buys the 150 rings? I'm guessing that the point of the gift tax above a certain threshold is to prevent companies from dumping off earnings as "gifts" back to investors or employees tax-free instead of with a taxable dividend or income. Would the NFL be the ones to pay the gift tax?

Originally Posted by: mi_keys 



I dunno. Indeed, now that I think about it, I'm not even sure that the gift tax applies to artificial persons (i.e. corporations). It's probably just "meals and entertainment expense" or some such, like the party favors at a corporate-hosted banquet.



And do not be conformed to this world, but be transformed by the renewing of your mind, that you may prove what is that good and acceptable and perfect will of God.
Romans 12:2 (NKJV)
Fan Shout
Zero2Cool (6m) : Packers are gonna get 3rd place division schedule next year.
Mucky Tundra (56m) : Kanata, seek help! lol
beast (3h) : I was rooting for the Bears to win and hurt their draft pick status
Zero2Cool (3h) : Forgot there was even a game last night haha
TheKanataThrilla (3h) : That was terrible.
TheKanataThrilla (3h) : Watching that game in its entirety yesterday is proof positive that I am a football addict.
beast (3h) : And horrible time management multiple times... and not being able to score more than 3 points on a team with talent
beast (3h) : Realizing the Bears didn't fix it from the previous week and do the same thing, getting the game to overtime
beast (3h) : They probably are not tanking, but they've absolutely mismanagement some things, such as Vikings seeing the Packers blocked FG and realizing
Zero2Cool (4h) : Crazy of Bears to have that mindset that is
Zero2Cool (5h) : Hail Mary stop away from 5 - 2. Not sure how that flips to tanking. Crazy mindset if true
beast (5h) : I've quietly questioned if Bears are tanking on purpose... they suddenly got a lot worse with some simple concepts like 101 clock management
wpr (7h) : Watching bares fans melt down over how putrid their team is, so enjoyable. It's the gift that keeps on giving.
Mucky Tundra (15h) : The Seattle Seahawks defeat the Chicago Bears 6-3. Jason Myers had 6 RBIs for Seattle while Cairo Santos had 3 RBI for Chicago
beast (16h) : Not nessarily, he might of been injured either way. He's playing about 50% of the games the last 4 years
Zero2Cool (22h) : If they'd been more patient with him, he'd be back already. Putting him out there vs Bears caused him to tweak it and here we are.
packerfanoutwest (22h) : well this is his last season with the PAck, book it
beast (23h) : Sounds like no Alexander (again), I'm wondering if his time with the Packers is done
Zero2Cool (26-Dec) : Could ban beast and I still don't think anyone catches him.
Mucky Tundra (26-Dec) : Houston getting dog walked by Baltimore
packerfanoutwest (25-Dec) : Feliz Navidad!
Zero2Cool (25-Dec) : Merry Christmas!
beast (25-Dec) : Merry Christmas 🎄🎁
beast (24-Dec) : Sounds like no serious injuries from the Saints game and Jacobs and Watson should play in the Vikings game
packerfanoutwest (24-Dec) : both games Watson missed, Packers won
Martha Careful (24-Dec) : I hope all of you have a Merry Christmas!
Mucky Tundra (24-Dec) : Oh I know about Jacobs, I just couldn't pass up an opportunity to mimic Zero lol
buckeyepackfan (24-Dec) : Jacobs was just sat down, Watson re-injured that knee that kept him out 1 game earlier
buckeyepackfan (24-Dec) : I needed .14 that's. .14 points for the whole 4th quarter to win and go to the SB. Lol
Mucky Tundra (24-Dec) : Jacobs gonna be OK???
Zero2Cool (24-Dec) : Watson gonna be OK???
packerfanoutwest (24-Dec) : Inactives tonight for the Pack: Alexander- knee Bullard - ankle Williams - quad Walker -ankle Monk Heath
packerfanoutwest (24-Dec) : No Jaire, but hopefully the front 7 destroys the line of scrimmage & forces Rattler into a few passes to McKinney.
packerfanoutwest (24-Dec) : minny could be #1 seed and the Lions #5 seed
Zero2Cool (23-Dec) : We'd have same Division and Conference records. Strength of schedule we edge them
Zero2Cool (23-Dec) : I just checked. What tie breaker?
bboystyle (23-Dec) : yes its possible but unlikely. If we do get the 5th, we face the NFCS winner
Zero2Cool (23-Dec) : Ahh, ok.
bboystyle (23-Dec) : yes due to tie breaker
Zero2Cool (23-Dec) : I mean, unlikely, yes, but mathematically, 5th is possible by what I'm reading.
Zero2Cool (23-Dec) : If Vikings lose out, Packers win out, Packers get 5th, right?
bboystyle (23-Dec) : Minny isnt going to lose out so 5th seed is out of the equation. We are playing for the 6th or 7th seed which makes no difference
Mucky Tundra (23-Dec) : beast, the ad revenue goes to the broadcast company but they gotta pay to air the game on their channel/network
beast (23-Dec) : If we win tonight the game is still relative in terms of 5th, 6th or 7th seed... win and it's 5th or 6th, lose and it's 6th or 7th
beast (23-Dec) : Mucky, I thought the ad revenue went to the broadcasting companies or the NFL, at least not directly
Zero2Cool (23-Dec) : I think the revenue share is moot, isn't it? That's the CBA an Salary Cap handling that.
bboystyle (23-Dec) : i mean game becomes irrelevant if we win tonight. Just a game where we are trying to play spoilers to Vikings chance at the #1 seed
Mucky Tundra (23-Dec) : beast, I would guess ad revenue from more eyes watching tv
Zero2Cool (23-Dec) : I would think it would hurt the home team because people would have to cancel last minute maybe? i dunno
beast (23-Dec) : I agree that it's BS for fans planning on going to the game. But how does it bring in more money? I'm guessing indirectly?
Please sign in to use Fan Shout
2024 Packers Schedule
Friday, Sep 6 @ 7:15 PM
Eagles
Sunday, Sep 15 @ 12:00 PM
COLTS
Sunday, Sep 22 @ 12:00 PM
Titans
Sunday, Sep 29 @ 12:00 PM
VIKINGS
Sunday, Oct 6 @ 3:25 PM
Rams
Sunday, Oct 13 @ 12:00 PM
CARDINALS
Sunday, Oct 20 @ 12:00 PM
TEXANS
Sunday, Oct 27 @ 12:00 PM
Jaguars
Sunday, Nov 3 @ 3:25 PM
LIONS
Sunday, Nov 17 @ 12:00 PM
Bears
Sunday, Nov 24 @ 3:25 PM
49ERS
Thursday, Nov 28 @ 7:20 PM
DOLPHINS
Thursday, Dec 5 @ 7:15 PM
Lions
Sunday, Dec 15 @ 7:20 PM
Seahawks
Monday, Dec 23 @ 7:15 PM
SAINTS
Sunday, Dec 29 @ 3:25 PM
Vikings
Saturday, Jan 4 @ 11:00 PM
BEARS
Recent Topics
56m / Green Bay Packers Talk / Zero2Cool

1h / Green Bay Packers Talk / Zero2Cool

1h / Green Bay Packers Talk / Zero2Cool

2h / Random Babble / Martha Careful

2h / Around The NFL / Martha Careful

5h / Green Bay Packers Talk / Zero2Cool

11h / Random Babble / Mucky Tundra

17h / Green Bay Packers Talk / beast

25-Dec / Featured Content / Zero2Cool

25-Dec / Green Bay Packers Talk / beast

25-Dec / Green Bay Packers Talk / beast

25-Dec / GameDay Threads / bboystyle

24-Dec / Green Bay Packers Talk / beast

24-Dec / Random Babble / beast

24-Dec / Green Bay Packers Talk / Zero2Cool

Headlines
Copyright © 2006 - 2024 PackersHome.com™. All Rights Reserved.