Should GGG sue Canelo?

[Shape up]

Yeah I would watch the space, unless a non-liability clause is ready written into the rematch contract. Which prevents Team Canelo was getting sued under any circumstances.

Couldn't see that being written in unless it was for injury, they knew something was up by asking for the testing to start earlier

[Shape up]

I agree completely.

At this point, a judge would summarily dismiss their case, and might actually order them to pay damages and legal fees to Canelo and team.

That wouldn't matter, it's a loss of guaranteed earning through no fault of his, 100% canelos fault

[BoxingIsGreat]

That wouldn't matter, it's a loss of guaranteed earning through no fault of his, 100% canelos fault

The timing matters, a lot. You can't just do as you please. If he did it immediately after the cancellation, without a fight, that would have definitely been successful.

This one won't go anywhere. They know it, too, and they won't do it.

Wait and see.

[Shape up]

The timing matters, a lot. You can't just do as you please. If he did it immediately after the cancellation, without a fight, that would have definitely been successful.

This one won't go anywhere. They know it, too, and they won't do it.

Wait and see.

The Nevada statute of limitations for breach of a written contract is 6 years. Breach of a verbal contract has a 4-year statute of limitations in Nevada. Additionally, if fraud or a reasonable mistake kept you from discovering the facts in your case, you may be legally entitled to extra time

[Scopedog]

I doubt litigation is going to result from this. I'm sure there would have been a break clause in the contract allowing Canelo to pull out in case of any extraordinary event, and even if there wasn't, a judge would likely just declare the contract frustrated. Venue and date would have been explicitly part of the terms and conditions, and Canelo being suspended in the entire state on that particular date means he wouldn't be able to perform his obligations under the contract, therefore the contract is frustrated and therefore void. Sure, for a contract to be frustrated rather than breached there needs to be no fault on either party's behalf, but GBP's slick lawyers and paid experts will come forth, start presenting hair tests, poke holes in the science behind the testing etc. and ultimately put forward the case that the tests are unreliable and that there's no indisputable proof that Canelo did anything wrong, and I can see the judge awarding that point in their favour.

At any rate, win or lose, litigation is expensive and time-consuming. Better for now to just try and renegotiate the original contract in order to get a bigger slice of the purse, and only contemplate a lawsuit once negotiations completely fall apart.

[MDPopescu]

... I'm sure there would have been a break clause in the contract allowing Canelo to pull out in case of any extraordinary event ...

... the "force majeure" clause in a contract does not excuse a party's non-performance entirely, but only suspends it for the duration of the force majeure.

... "force majeure" is linked with "chance occurrence, unavoidable accident", a war, strike, riot, crime, or an event described by the legal term act of God (hurricane, flood, earthquake, volcanic eruption, etc.)

[Shape up]

I doubt litigation is going to result from this. I'm sure there would have been a break clause in the contract allowing Canelo to pull out in case of any extraordinary event, and even if there wasn't, a judge would likely just declare the contract frustrated. Venue and date would have been explicitly part of the terms and conditions, and Canelo being suspended in the entire state on that particular date means he wouldn't be able to perform his obligations under the contract, therefore the contract is frustrated and therefore void. Sure, for a contract to be frustrated rather than breached there needs to be no fault on either party's behalf, but GBP's slick lawyers and paid experts will come forth, start presenting hair tests, poke holes in the science behind the testing etc. and ultimately put forward the case that the tests are unreliable and that there's no indisputable proof that Canelo did anything wrong, and I can see the judge awarding that point in their favour.

At any rate, win or lose, litigation is expensive and time-consuming. Better for now to just try and renegotiate the original contract in order to get a bigger slice of the purse, and only contemplate a lawsuit once negotiations completely fall apart.

Canelo pulled out of the fight of his own free will, before he was suspended

[Scopedog]

... the "force majeure" clause in a contract does not excuse a party's non-performance entirely, but only suspends it for the duration of the force majeure.

... "force majeure" is linked with "chance occurrence, unavoidable accident", a war, strike, riot, crime, or an event described by the legal term act of God (hurricane, flood, earthquake, volcanic eruption, etc.)

You're right, but I mean something separate from a boilerplate FM clause, something allowing either guy to pull out voluntarily depending in their personal circumstances. Otherwise every fight that got called off due to injury would give grounds for a lawsuit.

[Scopedog]

Canelo pulled out of the fight of his own free will, before he was suspended

You're right, I forgot that. Disregard everything I said about frustration.

[MDPopescu]

Canelo pulled out of the fight of his own free will, before he was suspended

... people just don't like to follow the actual sequence of events...