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Originally Posted by FRPLG
And "agreed" is a very loose term here. 32 owners in a room agreeing verbally to conduct illicit business practices is what you're hanging your hat on there Giantone? You have better arguments to make.
To begin with I haven't seen anything that says any of the punished teams agreed to anything. And second...it does not matter either way. A verbal agreement is not binding in any legal way. If you prefer your NFL to operate in an arbitrary and capricious manner that could diminish a team's ability to compete then you're getting what you want. I'd say be careful though. Someday Jerry and/or Dan are going to be in a position to retaliate and this situation is proving is that whatever they do will be ok. Bad precedent set here. Very bad.
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Verbal agreements are absolutely binding - If I make a verbal offer to do something in return for consideration from you, and you verbally accept, we have a binding and enforceable contract. A verbal contract is just as binding as written contract.
HOWEVER, if a written contract exists, in this case the charter documents for the joint venture known as the NFL, how that document can be changed is likely to be written into the document. I seriously doubt that it permits unwritten regulations or terms to be enforced against
any club. Unless the teams passed this agreement in accordance with their governing rules (which I doubt seeing as it was done secretly), it can't be binding on everyone who has agreed to be subject to those rules.
Folks, just b/c the NFL is club for rich guys doesn't mean they can conduct their business any damn way they like. If one or two of the rich guys don't agree with how business was conducted and the "rich guy" rules weren't followed, many lawyers will become a little richer too.