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Conference Realignment
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<blockquote data-quote="RonJohn" data-source="post: 1004477" data-attributes="member: 2426"><p>Once again, I am not a lawyer, but: Why does it matter if it is a penalty or not? Aren't court decisions on unconscionable consequences of a contract isolated to people who don't have the capability of understanding what they signed? Didn't all of the members of the ACC have teams of lawyers looking at the documents before they signed them? Didn't Clemson and FSU both publicly state the actual consequences of the documents and state that they were great for the conference and their schools when they signed them?</p><p></p><p>Do courts uphold things that I consider unconscionable? Yes they do. I saw a YouTube video discussion about someone who purchased an RV that had warranty issues. They tried to sue the retailer and the manufacturer. In the stack of documents that they signed while purchasing the RV was a promise not to sue the retailer, and an arbitration agreement with the manufacturer that requires arbitration be filed in the home county of the manufacturer. When he filed suit, the courts didn't say that it was unconscionable to take away his right to sue. The court said that he willingly signed contracts saying he wouldn't the retailer at all, and would use arbitration in any disagreement with the manufacturer. Too many people believe that you have rights that extend past contracts. You need to be very careful what you sign, because you might find out that your signature gave away rights that you thought you were unable to give away.</p></blockquote><p></p>
[QUOTE="RonJohn, post: 1004477, member: 2426"] Once again, I am not a lawyer, but: Why does it matter if it is a penalty or not? Aren't court decisions on unconscionable consequences of a contract isolated to people who don't have the capability of understanding what they signed? Didn't all of the members of the ACC have teams of lawyers looking at the documents before they signed them? Didn't Clemson and FSU both publicly state the actual consequences of the documents and state that they were great for the conference and their schools when they signed them? Do courts uphold things that I consider unconscionable? Yes they do. I saw a YouTube video discussion about someone who purchased an RV that had warranty issues. They tried to sue the retailer and the manufacturer. In the stack of documents that they signed while purchasing the RV was a promise not to sue the retailer, and an arbitration agreement with the manufacturer that requires arbitration be filed in the home county of the manufacturer. When he filed suit, the courts didn't say that it was unconscionable to take away his right to sue. The court said that he willingly signed contracts saying he wouldn't the retailer at all, and would use arbitration in any disagreement with the manufacturer. Too many people believe that you have rights that extend past contracts. You need to be very careful what you sign, because you might find out that your signature gave away rights that you thought you were unable to give away. [/QUOTE]
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