"Kyle Legate" wrote in message
s.com...
B. Lafferty wrote:
It's very doubtful that Ullrich is in breach of his Bianchi contract.
It was a one year contract and he had contracted to return to
T----Mobile after the Bianchi contract expires. To my knowledge he
hasn't appeared in T---Mobile kit which would be a breach of his
Bianchi contract. Assuming he has/is performing otherwise within the
requirements of the Bianchi contract, he isn't in breach. IMO,
Bianchi seems to be spitting sour grapes into the air.

According to cyclingnews.com, Ullrich hasn't been paid since August. As
far
as I'm concerned this constitutes a violation of the contract by Bianchi
and
Ullrich can consider it null and void.



A legal argument might work something like this from Ullrich's viewpoint.

Bianchi is in breach for failure to pay contracted wages. They owe salary
in the amount of "X." To mitigate my damages, I not only found new
employment for the period after the Bianchi contract expires, but began
working for Telecom prior to the January, 2004 Bianch contract expiration in
order to have money to live. Bianchi owes me the difference between "X" and
what Telecom has paid me, "Y." This assumes there is no liquidated damages
clause in the Bianch contract.