Ullrich in breach of contract?

[Jason Spaceman]

From the article:
-----------------------------------
Jacques Hanegraaf, manager of Team Bianchi, has confirmed that he and his sponsor are pursuing legal
action against Jan Ullrich, over his recent transfer to T-Mobile ? and hinted that he is even
hopeful of Ullrich returning to his Italian-sponsored team.

"Jan Ullrich is in breach of his contract and that is why we have suspended payments," Hanegraaf
told procycling this afternoon (Thursday). While Hanegraaf refused to specify the exact date on
which Ullrich?s salary was stopped he confirmed that it referred to the post-Tour de France period.
-----------------------------------

The rest at http://www.procycling.com/news_main.asp?newsId=4759

J. Spaceman

 

[B. Lafferty]

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.

"Jason Spaceman" <[email protected]> wrote in message
news:[email protected]...
> From the article:
> -----------------------------------
> Jacques Hanegraaf, manager of Team Bianchi, has confirmed that he and his sponsor are pursuing
> legal action against Jan Ullrich, over his recent transfer to T-Mobile ? and hinted that he is
> even hopeful of Ullrich returning to his Italian-sponsored team.
>
> "Jan Ullrich is in breach of his contract and that is why we have
suspended
> payments," Hanegraaf told procycling this afternoon (Thursday). While Hanegraaf refused to specify
> the exact date on which Ullrich?s salary was stopped he confirmed that it referred to the
> post-Tour de France period.
> -----------------------------------
>
> The rest at http://www.procycling.com/news_main.asp?newsId=4759
>
>
>
> J. Spaceman

 

[Fred Marx]

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.
>
Although I believe I've read that he's raced in Khazakstan with vino and was I believe "presented"
to the community by T-Mob prior to the end of his Bianchi contract which is supposed to run till the
end of Dec.... or so I've read from articles at velones.com and cyclingnews.com.... So while some of
this is sourgrapes, some of it is also not exactly according to Hoyle either.

 

[B. Lafferty]

"Fred Marx" <[email protected]> wrote in message
news:[email protected]...
>
>
> 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.
> >
> Although I believe I've read that he's raced in Khazakstan with vino and was I believe "presented"
> to the community by T-Mob prior to the end of his Bianchi contract which is supposed to run till
> the end of Dec.... or so I've read from articles at velones.com and cyclingnews.com.... So while
> some of this is sourgrapes, some of it is also not exactly according to Hoyle either.
>

From what I've read, he has not appeared in anything but Bianchi team kit for races or publicity.
Apparently, it's a faily standard contract clause. It's not as though he's the first guy with a one
year contract to move to a different team. And why hasn't he been paid since August??

 

[Torben Rucker]

"B. Lafferty" <[email protected]> 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

 

[B. Lafferty]

"Torben Rucker" <[email protected]> wrote in message
news:[email protected]...
>
> "B. Lafferty" <[email protected]> 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 ****** 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."

 

[Warren]

In article <[email protected]>, B. Lafferty
<[email protected]> wrote:
> said Ullrich on Telekom's website...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."

Interesting.

-WG

 

[Kyle Legate]

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.

 

[Kurgan Gringion]

"Kyle Legate" <[email protected]> wrote in message
news:[email protected]...
> 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.

Dumbass -

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

 

[B. Lafferty]

"Kyle Legate" <[email protected]> wrote in message
news:[email protected]...
> 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.

 

[Kyle Legate]

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]

"B. Lafferty" <[email protected]> wrote in message
news:[email protected]...
>
> "Kyle Legate" <[email protected]> wrote in message
> news:[email protected]...
> > 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.

 

[Benjamin Weiner]

B. Lafferty <[email protected]> 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

 

[B. Lafferty]

"Benjamin Weiner" <[email protected]> wrote in message news:3fa70c21$1@darkstar...
> B. Lafferty <[email protected]> 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.

 

[Mike Cox]

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

Just curious,

 

[Doug]

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" <[email protected]> wrote in message
news:[email protected]...
>
> "Torben Rucker" <[email protected]> wrote in message
> news:[email protected]...
> >
> > "B. Lafferty" <[email protected]> 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 ****** 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."