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-   -   'Bye 'Bye "Rider's commitment" (http://www.cyclebanter.com/showthread.php?t=221948)

DirtRoadie October 20th 10 04:45 PM

'Bye 'Bye "Rider's commitment"
 
http://bit.ly/b1nofr

DR

Philip W. Moore, Jr. October 20th 10 05:08 PM

'Bye 'Bye "Rider's commitment"
 

"DirtRoadie" wrote in message
...
http://bit.ly/b1nofr

DR


I'm NOT siding with the CAS, but these types of agreements are disregarded
in the law, like a pre-nuptial agreement given to a bride right before she
walks down the isle. I don't know the facts here, just pointing out that
these types of deals aren't iron clad.


RicodJour October 20th 10 05:34 PM

'Bye 'Bye "Rider's commitment"
 
On Oct 20, 12:08*pm, "Philip W. Moore, Jr."
wrote:
"DirtRoadie" wrote in message

...

http://bit.ly/b1nofr



I'm NOT siding with the CAS, but these types of agreements are disregarded
in the law, like a pre-nuptial agreement given to a bride right before she
walks down the isle. *I don't know the facts here, just pointing out that
these types of deals aren't iron clad.


No, but the CAS saying they don't understand what salary means is
stupid. Obviously endorsements and taxes are calculated differently,
as are bonuses, happy endings from the team masseuse, and money
collected on Halloween for UNICEF.

R

DirtRoadie October 20th 10 05:54 PM

'Bye 'Bye "Rider's commitment"
 
On Oct 20, 10:08*am, "Philip W. Moore, Jr."
wrote:
"DirtRoadie" wrote in message

...

http://bit.ly/b1nofr


DR


I'm NOT siding with the CAS, but these types of agreements are disregarded
in the law, like a pre-nuptial agreement given to a bride right before she
walks down the isle. *I don't know the facts here, just pointing out that
these types of deals aren't iron clad.



I'd view it more like an unenforceable "liquidated damages" provision
that constitutes a penalty rather than compensation.
http://en.wikipedia.org/wiki/Liquidated_damages

Back when these things were put in place I wondered about their
legitimacy. We now have ONE answer.

DR

Philip W. Moore, Jr. October 20th 10 06:01 PM

'Bye 'Bye "Rider's commitment"
 

"DirtRoadie" wrote in message
...
On Oct 20, 10:08 am, "Philip W. Moore, Jr."
wrote:
"DirtRoadie" wrote in message

...

http://bit.ly/b1nofr


DR


I'm NOT siding with the CAS, but these types of agreements are disregarded
in the law, like a pre-nuptial agreement given to a bride right before she
walks down the isle. I don't know the facts here, just pointing out that
these types of deals aren't iron clad.



I'd view it more like an unenforceable "liquidated damages" provision
that constitutes a penalty rather than compensation.
http://en.wikipedia.org/wiki/Liquidated_damages

Back when these things were put in place I wondered about their
legitimacy. We now have ONE answer.

DR

________________

Excellent point, and one that I haven't thought of. Still, they could have
said that. Or did they, in a foreign manner of speaking?


DirtRoadie October 20th 10 06:27 PM

'Bye 'Bye "Rider's commitment"
 
On Oct 20, 11:01*am, "Philip W. Moore, Jr."
wrote:
"DirtRoadie" wrote in message

...
On Oct 20, 10:08 am, "Philip W. Moore, Jr."
wrote:

"DirtRoadie" wrote in message


....


http://bit.ly/b1nofr


DR


I'm NOT siding with the CAS, but these types of agreements are disregarded
in the law, like a pre-nuptial agreement given to a bride right before she
walks down the isle. I don't know the facts here, just pointing out that
these types of deals aren't iron clad.


I'd view it more like an unenforceable *"liquidated damages" provision
that constitutes a penalty rather than compensation.http://en.wikipedia.org/wiki/Liquidated_damages

Back when these things were put in place I wondered about their
legitimacy. We now have ONE answer.

DR

________________

Excellent point, and one that I haven't thought of. *Still, they could have
said that. *Or did they, in a foreign manner of speaking?


Well you made me find this:
http://www.tas-cas.org/d2wfiles/docu...20internet.pdf

In looking at the decision they refer throughout to whether there was
a validly enforceable "penalty agreement." So they don't seem to have
used the analysis I suggested.

It looks as if they really are saying that the penalty agreement was
really not an agreement - it was intended as only just a public
statement.
DR

Mike Jacoubowsky October 20th 10 07:51 PM

'Bye 'Bye "Rider's commitment"
 
"DirtRoadie" wrote in message
...
http://bit.ly/b1nofr

DR


Hard to believe there have only been a couple of relevant cases. Was it only
riders lining up for the 'Tour that year who had to sign it, and nobody
else? There have certainly been many dozens of suspensions since then, and
apparently only one person who agreed to pay up?

--Mike Jacoubowsky
Chain Reaction Bicycles
www.ChainReaction.com
Redwood City & Los Altos, CA USA


Philip W. Moore, Jr. October 20th 10 09:14 PM

'Bye 'Bye "Rider's commitment"
 

"DirtRoadie" wrote in message
...
On Oct 20, 11:01 am, "Philip W. Moore, Jr."
wrote:
"DirtRoadie" wrote in message

...
On Oct 20, 10:08 am, "Philip W. Moore, Jr."
wrote:

"DirtRoadie" wrote in message


...


http://bit.ly/b1nofr


DR


I'm NOT siding with the CAS, but these types of agreements are
disregarded
in the law, like a pre-nuptial agreement given to a bride right before
she
walks down the isle. I don't know the facts here, just pointing out that
these types of deals aren't iron clad.


I'd view it more like an unenforceable "liquidated damages" provision
that constitutes a penalty rather than
compensation.http://en.wikipedia.org/wiki/Liquidated_damages

Back when these things were put in place I wondered about their
legitimacy. We now have ONE answer.

DR

________________

Excellent point, and one that I haven't thought of. Still, they could have
said that. Or did they, in a foreign manner of speaking?


Well you made me find this:
http://www.tas-cas.org/d2wfiles/docu...20internet.pdf

In looking at the decision they refer throughout to whether there was
a validly enforceable "penalty agreement." So they don't seem to have
used the analysis I suggested.

It looks as if they really are saying that the penalty agreement was
really not an agreement - it was intended as only just a public
statement.
DR
____________________

Hard to say, sounds like faulty, result-oriented reasoning, IMHO.

-Philip


Philip W. Moore, Jr. October 20th 10 09:14 PM

'Bye 'Bye "Rider's commitment"
 

"DirtRoadie" wrote in message
...
On Oct 20, 11:01 am, "Philip W. Moore, Jr."
wrote:
"DirtRoadie" wrote in message

...
On Oct 20, 10:08 am, "Philip W. Moore, Jr."
wrote:

"DirtRoadie" wrote in message


...


http://bit.ly/b1nofr


DR


I'm NOT siding with the CAS, but these types of agreements are
disregarded
in the law, like a pre-nuptial agreement given to a bride right before
she
walks down the isle. I don't know the facts here, just pointing out that
these types of deals aren't iron clad.


I'd view it more like an unenforceable "liquidated damages" provision
that constitutes a penalty rather than
compensation.http://en.wikipedia.org/wiki/Liquidated_damages

Back when these things were put in place I wondered about their
legitimacy. We now have ONE answer.

DR

________________

Excellent point, and one that I haven't thought of. Still, they could have
said that. Or did they, in a foreign manner of speaking?


Well you made me find this:
http://www.tas-cas.org/d2wfiles/docu...20internet.pdf

In looking at the decision they refer throughout to whether there was
a validly enforceable "penalty agreement." So they don't seem to have
used the analysis I suggested.

It looks as if they really are saying that the penalty agreement was
really not an agreement - it was intended as only just a public
statement.
DR
____________________

Hard to say, sounds like faulty, result-oriented reasoning, IMHO.

-Philip


Philip W. Moore, Jr. October 21st 10 02:04 AM

'Bye 'Bye "Rider's commitment"
 

"DirtRoadie" wrote in message
...
http://bit.ly/b1nofr

DR


DR,

Just thought how much better this thread would have been had you titled it
"Court of Arbitration for Sport for Make Benefit Glorious Nation of
Kazakhstan".

-Philip



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