by Secret Avatar » Sun Dec 05, 2004 5:07 pm
I'm a lawyer and can say there are several ways to try to get out of a contract. The operative word, however, is "try." It ain't easy. Usually the easiest way is to read every word in the contract twice to see if there are any terms, representations, or warranties that Giambi violated that would constitute a "material breach" or otherwise give the Yanks the contractual right to terminate. Technically, that's not "voiding" the contract because a "void" contract is one that in effect was never valid to begin with. No doubt the Yanks have a dozen lawyers scouring the contract for any "outs" right now. The other way -- fraudulent inducement -- is much more difficult to prove. The theory would be that Giambi decieved the Yanks in some way in order to secure his contract. In the end, I see this settling outside of court. I doubt neither Giambi or the Yanks want this litigated in public. It would be embarrasing for both.