ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Thursday, June 26, 2008

Duke Football Wins!!!

Duke_football At left is the Wallace Wade Stadium, home to the Duke Blue Devil football team and site of the 1942 Rose Bowl.  These days, Duke isn't really thinking Rose Bowl.  Or any bowl really.  According to the Louisville Courrier-Journal, Duke football has achieved a record of 6-45 in its last five seaons, which may be why Duke opted out of a contract to play the University of Louisville football team in 2007, 2008, and 2009.

According to press reports, the two teams agreed to play four times, but after the 2002 game, in which Duke football came in a distant second, Duke opted out of the remaining games.  The contract called for damages of $150,000 unless Louisville could line up a game against an opponent "of similar stature."  Duke's lawyers persuaded the court that Duke's team is so bad that any college football team would qualify as "of similar stature" and the court threw out Louisville's $450,000 breach of contract claim.

HT: Stetson's James W. Fox, Jr.

[Jeremy Telman]

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