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Donald Wine

πŸ‘€ Speaker
5586 total appearances
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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.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

He signed for two years, and there's no way for him to –

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

There's no mechanism for him to break this contract, only for us to do so.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

And again, he could do that as discretion.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

If you think back to three weeks ago when he decided that he was going to come back to Duke.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

which is also listed as kind of a part of the timeline, but also was part of Duke's claim that he reaffirmed that he was going to abide by this deal.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

And then while this was happening, he was clearly negotiating with somebody else and breaching that contract.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

So they're kind of setting up this thing saying, hey, all these things are happening because he has clearly intended to breach this contract and has breached this contract.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

but also with regards to Mensah declaring that he was going to come back.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

If you remember, there was really two options that people said he was considering, coming back to Duke or entering the NFL draft.