Would you follow through and pay? Brady's last TD

BobC · #1 03-15-2022, 05:04 PM

Quote:

Originally Posted by Peter_Spaeth

An N of 1 trial is a clinical trial in which a single patient is the entire trial, a single case study. Frank was if memory serves a trial court judge in Kentucky for nearly two decades.

Thank you the clarification, and did not know that about Frank. Also makes me feel good to know I had the same initial impression of the outcome of this potential case as he had, in siding with the seller.

mrreality68 · #2 03-15-2022, 05:11 PM

the Next Great Soap Opera is just beginning and stay tuned for the next episode of As Brady's Ball Turns

JollyElm · #3 03-15-2022, 05:16 PM

Schr�dinger�s Pig(skin)
It is at the same time Tom Brady's last touchdown ball and NOT his last touchdown ball.

vintagewhitesox · #4 03-15-2022, 05:18 PM

There is a binding contract between the buyer and seller. the fact that an event happend "after" the contract was entered into does not change the terms. Buyer has to pay. If he backs out, I would sue him for the amount he agreed upon.
But I practice criminal defense and not this stuff so what do I know?

Here's another question.
What if the role was reversed? What if Brady had announced his retirement the next day? The value of the ball would increase. Should the buyer have to then pay more to the auction house?

BobC · #5 03-15-2022, 05:48 PM

Quote:

Originally Posted by vintagewhitesox

There is a binding contract between the buyer and seller. the fact that an event happend "after" the contract was entered into does not change the terms. Buyer has to pay. If he backs out, I would sue him for the amount he agreed upon.
But I practice criminal defense and not this stuff so what do I know?

Here's another question.
What if the role was reversed? What if Brady had announced his retirement the next day? The value of the ball would increase. Should the buyer have to then pay more to the auction house?

Exactly! I've been saying all along this would likely be decided based on whatever state's laws cover this case, and in accordance with Leland's auction terms the buyer agreed to, as to when that state recognizes an enforceable agreement has been entered into between the buyer and seller/AH, and the ownership and liability associated with the football would pass from the seller to the auction winner. And I'm guessing it is when the auction ends and the winning bidder is determined.

Carter08 · #6 03-15-2022, 05:52 PM

Quote:

Originally Posted by BobC

Exactly! I've been saying all along this would likely be decided based on whatever state's laws cover this case, and in accordance with Leland's auction terms the buyer agreed to, as to when that state recognizes an enforceable agreement has been entered into between the buyer and seller/AH, and the ownership and liability associated with the football would pass from the seller to the auction winner. And I'm guessing it is when the auction ends and the winning bidder is determined.

Auction house literally promised the bidder would get the guy�s last TD ball. It is unable to deliver the goods promised. My view.

BobC · #7 03-15-2022, 06:19 PM

Quote:

Originally Posted by Carter08

Auction house literally promised the bidder would get the guy�s last TD ball. It is unable to deliver the goods promised. My view.

I hate to tell you this, but you're wrong. As of this moment, that is the last football Brady has thrown for a TD in his career. And there is no guarantee he won't turn around and re-retire next week, or come back and get injured on the first offensive play of the first game back and never be able to play again, or get hit by the proverbial pie truck and be killed on his way to the stadium. That may be your view, but the courts cannot decide things based on contingencies like this.

So what happens if they go to court and the auction winner prevails and gets out of paying for the football, and then the very next day Brady re-retires, and this time it is permanent. Are you suggesting the seller can now countersue and force the auction winner to buy the football for their winning auction bid after all? Do you see the problem with your logic here?

Carter08 · #8 03-15-2022, 06:43 PM

Quote:

Originally Posted by BobC

I hate to tell you this, but you're wrong. As of this moment, that is the last football Brady has thrown for a TD in his career. And there is no guarantee he won't turn around and re-retire next week, or come back and get injured on the first offensive play of the first game back and never be able to play again, or get hit by the proverbial pie truck and be killed on his way to the stadium. That may be your view, but the courts cannot decide things based on contingencies like this.

So what happens if they go to court and the auction winner prevails and gets out of paying for the football, and then the very next day Brady re-retires, and this time it is permanent. Are you suggesting the seller can now countersue and force the auction winner to buy the football for their winning auction bid after all? Do you see the problem with your logic here?

Buyer can refuse to pay and by the time it reaches the courts it will no longer be Brady�s last TD ball as was promised. If you think he�s not going to throw another TD, you�re probably wrong. As a Bills fan I can assure you the man can throw TDs.

Also, relax on the you�re wrong proclamations. As a head banging attorney I can tell you that�s there really good arguments on both sides here. It�s about choosing which one you think is right and making the best argument you can for it. The outcome here is far from certain despite your thinking it is.

Aquarian Sports Cards · #9 03-15-2022, 07:29 PM

Quote:

Originally Posted by BobC

...or get hit by the proverbial pie truck

unfamiliar with that particular proverb!

doug.goodman · #10 03-15-2022, 08:26 PM

Quote:

Originally Posted by Carter08

Auction house literally promised the bidder would get the guy’s last TD ball. It is unable to deliver the goods promised. My view.

Your view is wrong.

They did not make that promise. Literally or otherwise.

They are actually able to deliver the exact goods offered.

Carter08 · #11 03-15-2022, 08:31 PM

Quote:

Originally Posted by doug.goodman

Your view is wrong.

They did not make that promise. Literally or otherwise.

They are actually able to deliver the exact goods offered.

Your view is wrong. See I can do that too.

It�s not going to be his last career td which is what they said in the description.

Carter08 · #12 03-15-2022, 05:49 PM

Quote:

Originally Posted by vintagewhitesox

There is a binding contract between the buyer and seller. the fact that an event happend "after" the contract was entered into does not change the terms. Buyer has to pay. If he backs out, I would sue him for the amount he agreed upon.
But I practice criminal defense and not this stuff so what do I know?

Here's another question.
What if the role was reversed? What if Brady had announced his retirement the next day? The value of the ball would increase. Should the buyer have to then pay more to the auction house?

If the auction house wrote in the description that unfortunately the ball was just one of many in a long line of TD balls that will surely follow, the seller would have a right to be pissed if Brady ended up retiring. This is the reverse where the buyer has a right to be pissed that the auction house said it was selling the last TD ball of the guy�s career. That proclamation just seemed unnecessary. I bet they wrote it when there was zero inclination he would come back.

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