Donaire on Gamboa and Bout Contracts

This is BS if you ask me. You dont go to work and before the payday sign the the contract.

 

Then he should stick to what's natural for his body. Unless there's a huge demand for them, fighters should never have to force themselves up in weight.

 

I was speaking with a friend of mine who was in camp with Gamboa in the HW faction (he was training with Rigondeaux for a lil while)

and he said gamboa was in the low 140s

I think there are pics on the web from around christmas time or so

 

makes sense, he was 141 the night he fought Solis.

 

It seems a bit shady that the promoters don't have the fighters sign the contract until the week of the fight. Maybe the promoters are concerned if the fight is cancelled they'll be on the line to pay the fighters, atleast for their training expenses.

 

By the looks of the interview, ESB has got it again by saying Nonito was a cherrypicker, well infact nonito was the one who pushes for a fight with elite fighters. ****ing promoters indeed.

 

This is EXACTLY why.

 

Contracts can be formed without signing a piece of paper. Much of the time, what you think of as a contract is just a piece of paper memorializing what was already agreed to - the contract existed with or without the signing. Obviously, having everything laid out in paper makes things much easier if there is a dispute later.

You'll notice in the current lawsuit that Top Rank is using magic words ("material terms") to try to show that there was a contract even if nothing had been signed.

 

Verbal contracts are hard to enforce and are always superceeded by written contracts.

 

Well, if there is no superseding written contract, there are plenty of people that were involved in the agreement of the material terms, and one party began performance...

I don't know who will win, but it seems a lot easier to show that these two may have had a contract than a simple unverifiable claim.

 

The key is consideration. Gamboa accepting $70000 is consideration and pretty much seals the deal. I'd love to see what his lawyer can come up with to beat that.

 

According to Rafaei, who also thinks TR is probably going to win in court.

DuBoef said Top Rank not only has a solid promotional agreement with Gamboa, but also proof that he had agreed to the terms for the fight with Rios, even though no bout agreement had been signed yet. It is standard practice for fights to be agreed to and promotions launched before bout agreements are finalized.

 

We'll have to wait for Gamboa's response, but if what Top Rank says is true then it certainly looks like they had a contract for this bout (as well as a long term promotional agreement).

When all of this happened I went looking to see if I could find any of the filings in Westlaw. Naturally, I didn't find ****, but I did find the lawsuit between Oscar and Top Rank in 2001. Oscar tried to break a similar contract and won. I was pretty ****ing impressed with how he did that because he argued that Top Rank was managing his career without a management license in the state of California. The court agreed and tossed the whole promotional contract. I would have been ****ing pissed if I was Arum! Anyway, I doubt he would make that same mistake twice, but it goes to show that you never really know what can happen.