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Donald Wine

πŸ‘€ Speaker
5335 total appearances
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Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

was talking to another school to try and get Mensa to enter the transfer portal and go somewhere else in violation of this exclusive contract.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

So that's where it's being kind of hinged around.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

The other thing is this, and I know you've heard this even in Africa because this was a big deal on Friday.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

Duke has measures for terminating the contract, and they said that within the contract, they're alleging that they have the exclusive right to cancel this contract, not Darian Mensah.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

Now, some people have asked if this is something that's enforceable under North Carolina law.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

Contracts are meant to protect both parties, so shouldn't there be ways for both parties to get out of the deal?

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

Yes, this is still enforceable because there's no specific clause for termination for convenience, which would be an at will assignment.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

If you've heard that term at will employment, I can I can fire you, Jason, for no reason.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

You can quit for no reason.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

And everybody walks away.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

There's no notice period or what have you.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

A lot of times those are written into contracts saying, hey, if you want to enter the transfer portal, you're going to give 15 days notice or something like that so that Duke can prepare for you leaving to enter the transfer portal, that sort of thing.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

So there is a measure and a mechanism for Duke to terminate this contract also to withhold money for a breach of contract.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

But none are included for Mensa, and Mensa has to – his lawyers are going to have to argue why he should be able to exit this contract without penalty.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

That is going to be something very hard for him to do.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

So looking at the contract, I didn't see anything that would tell me that, oh, here's your exit strategy here.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

I was like, here's all he has to kind of invoke Clause 3-4 or whatever.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

There's nothing explicitly written in here that gives Derry Mensah a way to get out of this deal, at least from what I'm seeing.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

And that is what Duke is alleging, right?

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

They're basically saying that he can't terminate this deal.