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MMAWeekly has a pretty solid article breaking down the positions of both Randy Couture and the UFC. Here’s what they have to say for the UFC, based on a general contract they swindled from somewhere:

“If at any time during the Term, Fighter decides to retire from mixed martial arts or other professional fighting competition, then ZUFFA may, at its election, (i) suspend the Term for the period of such retirement; (ii) declare that ZUFFA has satisfied its obligation to promote all future Bouts to be promoted by ZUFFA hereunder, without any compensation due to Fighter therefore; or (iii) elect to provide Fighter with notice of an Acceleration.”

Based on White’s repeated public statements, it is clear that the UFC is interpreting Couture’s statement of resignation as retirement. Taken in the context of the above provision, this explains why White continues to state that the UFC has nine months remaining on Couture’s contract as Zuffa has elected to “suspend” or stay the term of his contract.

Further, the use of the term resignation in describing a person’s choice to not perform under a contract is unique. Typically, when a person decides to not perform pursuant to the terms of a contract, the person is considered to be in “breach of the contract,” not resigning from the contract.

This is interesting because I originally assumed Dana White was being a douche by using the word ‘retirement’ when talking about Randy. Turns out they were sending a very clear message: look at your retirement clause, you ain’t going nowhere, bitch.

Past that point, you can’t really argue with the fact that a person can’t ‘resign’ from a contract. However, the flip side of the coin in this scenario is equally interesting:

However, when a party allegedly breaches a contract, he/she is able to argue facts that justify and validate why he/she breached the contract, which can/may excuse them from performing under the contract. This may be why Couture is saying he is “resigning” from Zuffa as he is claiming that the UFC failed to perform its obligations by not acting in good faith and for its alleged misrepresentation about his pay scale.

As there are countless treatises on the subjects of personal services agreements, the right to earn a living (Couture fighting elsewhere) and involuntary servitude (the 13th Amendment; Slavery – forcing Couture to fight for the UFC), this is definitely a fight for the attorneys to wrangle about in court.

I suppose the best chance Couture has of wrangling his way out of his UFC contract is to prove misrepresentation about his pay scale. But I’ve said it before: his contract came with a pretty plum PPV cut, and while other fighters may have made more than him on individual fights, I would be shocked if Randy’s overall contract wasn’t #2 like Dana said. However, you might notice that when ESPN asked Dana if Randy was the 2nd highest paid fighter, he dodged the question. Iiiiiinteresting.

Last but not least, I’d be shocked if the Slavery amendment in the constitution came in handy for a rich white guy. Of course, what laws in America *don’t* benefit rich white guys? I just find it hilarious that of all the cases where you could cite the 13th amendment, it would be for Randy Couture. Classic.

  • 38 yen
  • 8 rubles
  • 4 pesos
  • 1 IFL stock

*UPDATE* We originally had the topic as “Things to do with .38 cents” … of course, that technically means .0038 dollars. And while IFL stock will probably get there soon enough, it’s not there yet. Beware this kind of mistake when signing up for cell phone packages.

For all the talk that Randy Couture is planning on jumping ship to M-1, everyone at the new org better pray there was no sign that someone from their company talked to Couture or offer him anything. Why? Because that’s one big fucking lawsuit, and the UFC doesn’t exactly need a good reason to try and execute competition using the legal system.

I tend to get shit all over every time I bring up legal situations, so let me preface this by saying that I’m not a lawyer. The information in this post doesn’t represent concrete legal information, and obviously it would take real lawyers several months in court to decide if what I’m saying is correct or not. If things were cut and dry then we wouldn’t really need a legal system in the first place.

That being said, if Randy Couture left the UFC because he was offered more money to fight in M-1, that seems to be a pretty straightforward case of tortious interference:

Tortious interference with contract rights can occur where the tortfeasor convinces a party to breach the contract against the plaintiff, or where the tortfeasor disrupts the ability of one party to perform his obligations under the contract, thereby preventing the plaintiff from receiving the performance promised.

I’d be literally shocked if the UFC didn’t have it’s lawyers all over this situation, watching and waiting to see how deep the parties involved bury themselves before papers are served. You might even see Randy Couture return to the UFC in a few weeks on account of the potential bitchslap that could be unleashed because of this. Of course, everything would be dressed up to look like a contract renegotiation to satisfy everyone’s pride, but it could still happen.

All of this is on the assumption that Randy Couture didn’t leave the UFC to chase after Fedor in M-1. It’s still very possible that he did leave on his own without any kind of contact, but the timing is about as fishy as it gets. I guess we’ll have to sit back and watch the fireworks. If they don’t happen in the octagon, you better believe they’re gonna happen in a courtroom.

This is my favorite story of the day for it’s sheer stupidity. Right now, people are going around basically saying that the reason Fedor is not with the UFC is because Dana White recited a Boney M lyric and called Fedor’s management ‘those crazy russians’.

Let’s put this one to sleep right now: This has to be the dumbest idea in the history of the universe. If you take even half a minute to actually think it through you’ll realize how fucking stupid it is. Here’s the simple, boring fact of the matter: The UFC wasn’t willing to let Fedor do everything he wanted to do. The new M-1 was willing to give Fedor everything he wanted. End of story.

As pissed as I am that Fedor didn’t come to the UFC and the subsequent departure of Randy Couture as a result, I’m not gonna put the blame on Dana White (fuck, this is starting to become a trend). The UFC has a few iron-clad conditions when it comes to fighter agreements, and if Fedor isn’t willing to agree to those then he can go fuck himself with whatever vegetable is most common in his god-forsaken country.

The day the UFC starts agreeing to retarded fighter demands in order to sign them is the day they take another step towards being boxing. Conditions like “Fighter X can only fight in the UFC” aren’t there because the UFC are petty bastards … it’s a cornerstone of the organization that has allowed them to create the stability and consistency needed to keep the sport growing. And how fucked up is it that Fedor’s agents wanted to add in clauses that would have the UFC working with the old M-1 to do an event in Russia?

It doesn’t surprise me that the deal between the UFC and Fedor fell apart … his agents really are crazy Russians. I’m sure they’re feeling pretty smart right now with the M-1 sale and this new organization. But it will be interesting to see how smug they are in a year from now when M-1 collapses from it’s own ambitions and ineptitude.

Hello class, and welcome to another edition of Cut Throat Business Tactics. Last time you’ll remember we covered how to force your fighters into re-signing with your organization, or failing that drag them down into obscurity by benching them for over half a year. This is a great tactic for lowballing fighters who still want to stay in your organization, but what about when a fighter wants nothing more to do with you than expose your evil business dealings?

That’s a good question, and fortunately Zuffa has once again provided us with a textbook example of what to do in that situation. In this case you’ve got beloved sports figure Randy Couture planning a press conference to tell people how bad the UFC sucks. Here’s what the UFC did to handle the situation:

1) Blamed the whole situation on Randy’s ‘Hollywood agent”. This is a brilliant case of deflection because, as we said, Randy is practically a saint in MMA. Shit-talking Randy Couture is akin to shit-talking Jesus himself. But everyone hates agents … ‘Hollywood’ agents doubly as much. By blaming this whole situation on a sleazy agent, Dana White is free to say whatever he wants without seeming like a gargantuan cock, and still pretend he’s BFF with Couture.

2) Invite Randy back to the negotiating table, and say things like you’ve “never said no to Randy Couture”. This sidesteps the issues of respect and dishonesty. In fact, it makes people forget that the only reason Randy would have to come back to the table is because his original contract might well have been written on a 2 foot dildo they subsequently raped him with.

3) Randy Couture planning a press conference to counter your PR spins? Who cares. You’re way better at press conferences, so why not throw an even bigger one 30 minutes before Randy’s? At best most press outfits will have to choose one of the two and will choose yours instead of his. At worst you can release enough positive news to bury whatever Randy has to say out from the headlines.

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