Ullrich in breach of contract?

Kurgan Gringioni wrote:

Ya, that's really going to do Ullrich a lot of good.

It will if they try to sue him for apprearing at a Telekom function while
still under "contract" to Bianchi.

"B. Lafferty" wrote in message
nk.net...

"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.

I want to add one more factor that may apply, depending on the law of
the European Union. In some US jurisdictions there is actually a legal
obligation on the part of one claiming the contract breach to use good
faith, reasonable efforts to mitigate damages or the claim will be either
dismissed or damages reduced.

B. Lafferty wrote:

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." ...

I want to add one more factor that may apply, depending on the law of
the European Union. In some US jurisdictions there is actually a legal
obligation on the part of one claiming the contract breach to use good
faith, reasonable efforts to mitigate damages or the claim will be either
dismissed or damages reduced.

Also according to European Union law, if Jan's bike breaks next
year, Bianchi still has to buy him a new one.

Yours,
Justin

"Benjamin Weiner" wrote in message
news:3fa70c21$1@darkstar...
B. Lafferty wrote:

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." ...

I want to add one more factor that may apply, depending on the law
of
the European Union. In some US jurisdictions there is actually a legal
obligation on the part of one claiming the contract breach to use good
faith, reasonable efforts to mitigate damages or the claim will be
either
dismissed or damages reduced.

Also according to European Union law, if Jan's bike breaks next
year, Bianchi still has to buy him a new one.

Yours,
Justin

Quite right.

Is J Lewis, author of one of the most entertaining, non race, threads this
year aware of this legal turn of events?

Just curious,

I'd think the contract has both a "best efforts" clause, and a clause
requiring that Ullrich not affiliate himself in any way with any other team
until the expiration of his contract with Bianchi. If he was still
scheduled to race, and he nevertheless affiliated himself with a competitive
team and its sponsors, his value to Bianchi may have been diluted.

I have to think that an entity like Bianchi is well-counseled, and would not
itself breach its contract with Ullrich by withholding payment unless there
were colorable grounds to do so. Otherwise, it would most definitely soil
its reputation in the professional peloton, which it would not want to do.



"B. Lafferty" wrote in message
ink.net...

"Torben Rucker" wrote in message
...

"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.

Ullrich at the T-Mobile press conference:

http://tinyurl.com/td5h

Ullrich in Kazachstan (mid october):

http://tinyurl.com/td5n

Bye,
Torben
A press conference wearing a suit may not be a breach, but it could be
depending on contract worrding. Combine that with this report in CN
noting
that Jan is on the Telecom we site and he Bianchi has good reason to be
****ed even if might not be correct legally. I don't think Telekom will
let
Jan starve until January. Then again, perhaps they'll let him starve
enough
to not be able to afford the sweets.

Jan Ullrich has recommenced cycling training after a short break at the
end
of the season. The Swiss-based German has been riding near his home in
Scherzingen in the company of his current and future teammates Tobias
Steinhauser, André Korff and Andreas Klöden. "First of all I will train
around the area of Lake Constance," said Ullrich on Telekom's website. "I
want to slowly build the momentum there. At the beginning we will ride
about
100 kilometres or so a day, in addition to some gymnastics and some work
in
the weight room."