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Post by Jose Canseco on May 22, 2006 22:27:28 GMT -5
In breaking news, The Seattle Times is reporting that the Mariners had guaranteed the starting shortstop position to Cesar Izturis and have made him move to 3b to accomadate the lack of a corner infielder on the team. The league is looking into fining Mariners GM Edgar Martinez or requiring them to forfit their 1st rd pick in next seasons draft.
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Post by Dirk Nowitzki on May 23, 2006 17:49:25 GMT -5
To respond to Cincy's allegations that Seattle should be punished for helping their team, the Atlanta GC makes the following statement.
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The Seattle Mariners have breached their contract with Cesar Izturis (herein after aggrieved party). However, the Cincinnati’s call for damages is erroneous on contract law grounds, the rules of the game, and procedural issues.
1. The purpose of contract law is not to punish breach, but rather, to put the aggrieved party in the condition they were in, or where they would have been in the breach had not occurred. See Restatement of Contracts Second, § 344 (herein after R.2d) The Restatement of Contract - Second lays out three purposes of remedies. Id. The three remedies are the aggrieved parties expectation interest, reliance interest, or restitution interest. Id.
All of three theories of recovery are based off the theory that the aggrieved party has suffered some sort of loss and should be compensated in order to cover the loss. There is no loss in value in this case. The player is still a starter and is getting paid a pay check. Further more, it can be argued, successfully, that the aggrieved party's value has been enhanced in that they will be a potential starter as a SS as well as a 3b in the future. Thus, under basic contract law, there is no action by the breaching party to which the aggrieved party can be compensated.
Further more, contract law abhors punitive damages. R.2d § 355. The only time punitive damages are allowed is when recovering for a breach in which a corresponding tort violation has occurred. Id. The asking for a fine, or the loss of a draft pick is punitive in nature and thus, is not a proper remedy.
2. Under the Rules of the UCSL, there are five violations which can lead to a fine; (1) Failure to turn in a cut roster at the end of the season, (2) Failure to demote all PFA's to A-ball at the end of the season, (3) Failure to place an eligible player on waivers before demoting him, (4) Making a trade and not turning in a roster, and (5) Making a Free Agent signing and not turning in a roster. Clearly the breach in question is not covered under the rules as being a fineable offense.
3. The incorrect party has brought the action to the league. The only people who can argue on behalf of the aggrieved party are the players union or the player’s agent. Neither has happened in this case. Thus, the complaint should be tossed for lack of proper procedures.
Instead of worrying about a non-issue with another team, Cincy should stop trying to deflect attention from their atrocious start with worthless, frivolous complaints. If he would have consulted in house counsel, this could have been avoided.
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Post by Jose Canseco on May 25, 2006 19:29:03 GMT -5
Instead of worrying about a non-issue with another team, Cincy should stop trying to deflect attention from their atrocious start with worthless, frivolous complaints. thats the pot calling the kettle black  |
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Post by Darryl Strawberry on May 25, 2006 19:34:18 GMT -5
pot  |
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Post by Mike Rizzo on May 25, 2006 20:52:28 GMT -5
kettle |
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Post by JP Riccardi on May 26, 2006 11:13:16 GMT -5
black :ph34r:
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Post by Dirk Nowitzki on May 26, 2006 12:24:33 GMT -5
thats the pot calling the kettle black Really, I'm a .500 team in arguably the toughest division in the leauge, and you are a .304 team in an average division. My start is far from atrocious. |
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Post by Mohandas Gandhi on May 26, 2006 12:36:03 GMT -5
i doubt this is him trying to deflect attention....remember, last year he took pride in losing.
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Post by Bill Stoneman on May 26, 2006 14:26:40 GMT -5
black   |
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