- Jun 9, 2014
- 78,714
- 111,582
Founding Member
No. I can't really tell if you are messing with me. The damage suffered by the university is the cost of hiring another coach, which could be substantial. Maybe salaries of interims etc. Reprinting posters of the new coach, plenty of costs are involved.
Let's put it another way, say you contract for a roofer to do your roof. Roofer agrees to do it for 10,000. Roofer starts then quits. You have to hire another roofer to finish it, he also charges you 10,000 but in the mean time you had to pay someone $1000 to bring a tarp and temporarily keep the water out while you bid the second contract. What are your damages? $10,000? Of course not.
The parties could agree to a number but it would still have to be a rational number.
Most states view restrictive covenants that restrain trade unfavorably, and these buyout clauses are all just that.
Let's put it another way, say you contract for a roofer to do your roof. Roofer agrees to do it for 10,000. Roofer starts then quits. You have to hire another roofer to finish it, he also charges you 10,000 but in the mean time you had to pay someone $1000 to bring a tarp and temporarily keep the water out while you bid the second contract. What are your damages? $10,000? Of course not.
The parties could agree to a number but it would still have to be a rational number.
Most states view restrictive covenants that restrain trade unfavorably, and these buyout clauses are all just that.
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