retroactively ineligible?

[FLAK]

Regardless of what happens to the University, i think it is pretty ridiculous for the Agent to think that he is going to recieve reinbursement for the finances that he ILEGALLY provided.

Should be interesting to see how it plays out.

Well, are they illegally provided? If Reggie Bush agreed to representation and accepted cash, he violated NCAA rules, but that doesn't mean that laws were broken. Well, maybe fraud or something on Bush's part.

But the agent probably has no legal responsibility to obey NCAA rules.

Without a signed written document, this agent is going to have to produce a ton of evidence that there was some type of deal between him and Bush, but not having something in writing will make it harder to recover damages .

[LaxRef]

not having something in writing will make it harder to recover damages .

True, but I think the fact that they gave him a ton of stuff bolsters the argument that they had a verbal agreement, which is still a contract.

[Danny Hogan]

all it takes is a handshake in the state of FL...

[FLAK]

all it takes is a handshake in the state of FL...

While this may be true, Danny... Florida, like all other states, has a statute of frauds for contracts.

This means that if a contract is not in writing, and is the type of contract enumerated in the statutes list of contract types (sale of land, exchange of goods in excess of $500, a contract that can't be performed within a year, and some others that can vary from state to state...) it cannot be enforced by the court unless a party can provide evidence of part performance by either paryt.

Now, without knowing the extent of what this agent provided to Bush, whatever he did give Bush, if the agent has the receipts or invoices(proof of performance), and has some evidence (in writing) that can tie this performance with an prior agreement with Bush, the agent may be able to claim damages to the extent of his performance.


I'm not sure how a court would address this alleged agreement between the parties, but since (I believe) they have nothing in writing, one can bet that the agreement could fall under the statute of frauds and the agent will have to provide a sizeable amount of evidence to prove his claim.

We just discussed this in contracts so I might be off in some respects that is the gist of it

[FLAK]

New developments as Bush fails to show for deposition and his attorneys file a motion to keep the depositions from reaching the media and the NCAA...


http://sports.espn.go.com/ncf/news/story?id=3264776