Recent Comments

Would a relatively simple way to help prevent tampering to insert a clause to the effect of:

"if Player X transfers to school Y prior to contract expiration, then school Y must reimburse payment of (2x/3x) the remaining value of the contract"

Essentially, avoid language that is directly punitive to the player but puts enough of a financial burden on the tampering team that it makes it not worthwhile.

It could be called the "Miami Clause"

Would that be enforceable??

That's because there are laws against slavery in the U.S. and therefore there is no legal remedy to force "performance" of contract. It is 100% legal to break a contract (even one that includes performance) as long as you justly compensate the other party to make them "whole." And people are conflating the NIL contract with an employment contract.

NIL contracts are for the purchasing of NIL rights and enrollment within a University. Compensation is based on performance, but Duke is not trying to force Mensah to play QB so that's not at issue here. If Duke wins, the legal remedy would not be to force Mensah to play, but to prevent Mensah from enrolling in another school or licensing his NIL rights to another school. The legal remedy cannot make Mensah go to practice or be the starting QB for Duke.

If Duke wins, Mensah could certainly sit on his ass all year (and then also not get compensated), but he cannot enroll at Miami and Miami cannot license his NIL rights.

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