The Business Law

This paper is going to answer some pertinent questions regarding a case between University of Louisville versus Duke University filed under case number 07-CI-1765 1.

The parties in this case are Duke University and University of Louisville. The subject matter is a breach of contract where the football teams of the two universities were supposed to have matches. It was supposed to be a series tournament of four matches 2002, 2007,2008, and 20009, but after a humiliating defeat on the first match of 2002 Dukes university football team bowed out and instructed Louisville university team to look for a worthy competitor who was of the same stature. The highest court that ruled on this matter was Franklin circuit court, which is a division one court. It executed this ruling in 2008. The historical context of the case and the ruling was that prior to 2002, Dukes university football team was successful, but since then it had lost most of its games. The public humiliation could not be borne anymore and thus the decision to quit the match series (Franklin Circuit Court, 2008a). Duke University had pledged to pay university of Louisville the cancellation fees if it never got a replacement. Louisville University was claiming this fee in this case; since, according to its judgment; there was no team as unsuccessful as Duke University; hence, a replacement was not found.

The most relevant facts in this case were that the statement of a team of the same stature meant a team that was playing at the same league as Duke University team and not as unsuccessful as it was (Conrad, 2008). Additionally, there was a lot of time for Louisville University to look for another opponent prior to 2007, 2008, and 2009 matches. Duke University won the case upon a decision that the team of a similar stature meant a team playing in the National Collegiate Athletic Association, and such teams were available from where Louisville University could have chosen an opponent (Franklin Circuit Court, 2008b). This ruling was regarding the season between 2007 an 2008. The 2009 season was not yet passed; therefore, the decision was to leave this year out. There was a dissenting opinion that the agreement between the two teams was done prior to 2003 season, which was a very successful time for Duke University. The conditions necessitating ruling should have been considered to be those prevalent during the contract.

In conclusion, this paper ahs presented pertinent facts about a case between University of Louisville versus Duke University filed under case number 07-CI-1765 1. In this case, Duke University won which was presided over at Franklin’s circuit court.

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