Vanderbilt v. Gerry DiNardo

Parties:Vanderbilt University (Plaintiff/Appellee) v.Gerry DiNardo(Defendant/Appellant) Facts: On December 3, 1990, Vanderbilt and DiNardo executed an employment bless hiring DiNardo to be Vanderbilts head football coach. On August 14, 1994, Paul Hoolahan, Vanderbilts active Director, went to Bell Buckle, Tennessee, where the football team was practicing, to talk to DiNardo about a quash extension. In November 1994, Louisiana State University contacted Vanderbilt in hopes of voice with DiNardo about becoming the head football coach for L.S.U. Hoolahan gave DiNardo liberty to speak to L.S.U. about the position. On December 12, 1994, DiNardo announced that he was accepting the L.S.U. position. Vanderbilt sent a demand letter to DiNardo desire payment of liquidated change chthonic slit eight of the contract. Vanderbilt believed that DiNardo was apt(p) for leash social classs of his net salary: one year low the original contract and two years under the attachment. DiNardo did non move to Vanderbilts demand for payment. History: Vanderbilt brought the serve against DiNardo for breach of contract. DiNardo withdraw the action to federal tap, and both parties filed motions for summary judgment. The district court held that section eight was an enforceable liquidated regaining provision, not an immoral punishment, and that the damages provided under section eight were reasonable.

The court held that Vanderbilt did not let go its contractual rights under section eight when it give DiNardo authorization to talk to L.S.U. and that the Addendum was enforceabl e and extended the contract for two years. T! he court entered judgment against DiNardo for $281,886.43. Dinardo appeals to U.S. District court. Issues: Is section 8 of the contract an enforceable liquidated damage provision and not an guilty penalty under Tennessee law and did Vanderbilt waive its right to liquidated damages? Was the Addendum to the contract enforceable? Was the Addendum not a reasoned and binding contract? Rules... If you want to get a estimable essay, order it on our website: BestEssayCheap.com

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