What it means to play AMERICAN FOOTBALL

"We are being held hostage right now," Texas A&M president R. Bowen Loftin told the Associated Press. "Essentially, we're being told that you must stay here against your will, and we think that really flies in the face of what makes us Americans for example and makes us free people."

A contract is a legally enforceable agreement between two or more parties with mutual obligations, which may or may not have elements in writing. The remedy at law for breach of contract is usually "damages" or monetary compensation. In equity, the remedy can be specific performance of the contract or an injunction. Both remedies award the damaged party the "benefit of the bargain" or expectation damages, which are greater than mere reliance damages, as in promissory estoppel. (wikipedia, not perfect but what blog citations are?)

Free Americans, using the terminology Presiden Loftin uses above, having a free market economy, have the ability to enter into agreements or "contracts" with vendors of services, goods, for delivery at a "free" price. Free in this case means free from governmental interference or regulation of the price. So, as "free" American Universities, the Big XII member schools all signed a contract to provide a good (college athletics) for a price (that TV contracts buy rights to and fans buy tickets for).




Now, this "good" is threatened to have lesser supply and arguably lower quality, due to no fault of any of the member institutions that would remain in the Big XII (at least for a week or two). Thusly, the "harm" to institutions like Baylor or Iowa State, is established. The negotiated TV rights and athletic schedules are diminished due to Texas A&M's (aTm hereafter) attempt to join the South Eastern Conference.




So I have to ask what President Loftin really means by "free Americans" above. aTm signed a contract to provide a good and that good has value to the Big XII member institutions. Baylor has reserved it's right to litigation, to protect the value of that good. That's one of the great things about this country, the ability to protect one's interests through an impartial judiciary system.




We all know that aTm wants out, but the most offensive part of their argument is that they want to leave a signed, legal, binding contract, without suffering any of the protective penalties the contract had wrapped into it. Have you ever heard the phrase "no such thing as a free lunch"? Why does aTm think they're able to walk away from a contract that they signed, of sound mind and body without any undue pressure or coercion? This speaks to the whole problem with NCAA football. This is NOT about football, competition, academics, research dollars, or the "right" to associate with anyone you wish to.




This is about the almighty dollar. As you're reading articles about the conference realignments, look for the money. That's where the truth is today. It's about bigger and better contracts, it's about the payday and how to expand your athletic's budget. I'm not about to argue if this is good or bad, that's another day, but aTm is all about it.




The most surprising thing to me, is that aTm doesn't understand the remaining Big XII schools wanting to maintain that massive TV contract and the attached payday. After all, the remaining Big XII schools are just trying to maximize their income....just like aTm.