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  2. I'd like you to consider the following contract dispute. The question is, whether a breach of contract has occurred, or whether the contract will excuse the parties from their obligations. I'm curious to hear the thoughts of everyday people who are not involved in the legal profession. If you were on a jury, which party would you be likely to side with? Facts: The contract is for a wedding and reception to take place this month at a wedding venue in Alabama. The contract was entered into a year ago. The wedding contract is for at least 100 guests. The wedding ceremony was supposed to take place outside, and the reception indoors. In April, when the Coronavirus began to spread throughout the country, and as state governments began to implement restrictions, the bride to be reached out to the wedding venue to request that her wedding be rescheduled. At that time, non-work related gatherings in Alabama were restricted to no more than 10 people. The bride cited concerns over the government restrictions, as well as the uncertainty the virus could cause in planning her wedding, and health concerns for her guests. Additionally, the bride's mother has underlying cardiovascular conditions, and is taking immunosuppressive medication for those conditions. As a result, the bride claims that her mother, as well as many other family members, including grandparents, would be unable to attend due to health risks. In response, the position taken by the venue was that it was too early to make decisions about rescheduling the wedding. Conditions in July, they argued, may change, and government regulations may allow for weddings of this size. Therefore, the venue would not consider rescheduling at that point in time, and advised that a cancellation would constitute a breach of the contract between the two parties subject to damages outlined in the contract. Right now, regulations are lifted to the extent that this wedding could technically take place in Alabama. Large gatherings are permitted, but still subject to social distancing guidelines. Nonetheless, the venue argues that it is prepared to fulfill its obligations under the contract. It will follow the guidelines that businesses are required to follow in the way of sanitation, and masking of employees. The venue believes that the indoor reception hall is adequately sized to accommodate 100 guests who are socially distancing from each other. For this reason, the venue maintains that a cancellation of the event would constitute a breach of contract. In the event of a breach, the contract entitles the venue to liquidated damages in the amount of roughly $30,000. When the venue declined to permit a rescheduling of her wedding, the bride instead opted to cancel the wedding outright. Eventually, the venue would offer to reschedule the wedding for dates in 2020. This offer was made after lawyers became involved. The bride's argument is also rooted in the contract itself. The contract contains what is referred to as a force majeure clause. This clause allows the parties to walk away from the contract without penalty if, because of an act of God, or government regulations, performance of either party becomes impossible. The bride argues that this clause applies, that the virus constitutes an act of God, and that the government regulations would make the wedding impossible to occur as planned. Specifically the bride argues that it would be impossible to expect wedding guests to abide by social distancing guidelines, where food and alcohol are present, and where live music will be playing. She believes that the risk posed to herself, her family and guests is too high, and although large gatherings are not currently prohibited, they have been strongly discouraged by government officials. Additionally, the bride argues that because guests like her mother and grandparents will be unable to attend because of health concerns, the wedding would no longer resemble the one contracted for a year ago. Moreover, this is a destination wedding. 98% of the guest list will be traveling from outside the state of Alabama. Many of those guests, who are also family to the bride and groom, would be traveling from states like New York and New Jersey who are restricting travel to Alabama. The venue remains resolute in its position. Put simply, they argue that their contractual obligation is simply to provide a venue for the wedding, as well as tables, chairs, food, alcohol, etc. Whether or how guests arrive is not a concern of the venue. Moreover, the venue cannot control whether guests socially distance themselves. For this reason, they are asking for damages allowed under the contract in the amount of roughly $30,000. One other fact to note. The bride put down a deposit of over $4,200 last July. The venue is pursuing the full $30,000. What do you guys think? Feel free to ask questions. What more would you want to know? Is the venue justified in its position? Is the bride being unreasonable? Or, do the bride's concerns justify cancellation of the contract? And, does the contract allow her to cancel without penalty?
  3. I guess we’ll see about the season. Two of my daughters at schools with big football presence. Both have gone to totally on-line classes (for the start of the academic year at least). I love football as much as anyone and understand the financial impact if no season. I have no idea how you can rationalize any kind of sports with athletes in close proximity, even with limited or no crowds, if we are saying the environment is so unsafe that classes can’t meet in person. Not arguing for or against (although I do have my personal bias) but not sure how you can have one but not the other. It seems completely contradictory to me. JMTC.....
  4. I've been leaning more on liquor as I just can't fit as much beer in my belly as I used to. One or two will fill me right up. And after a meal, forget it. In fact, if I eat a really big meal I'll sometimes sip a shot of something 80 proof or higher afterward for legitimately medicinal purposes. Another thing I feel like the Europeans got right- the digestif. #science But right when I get home from work, or after yard work, or with some meals, etc... only a beer will do.
  5. @passthebiscuits touched on things in the “Tank” thread
  6. right now i think it is important to vote trump out of office. that should be priority for this country right now. but i agree we need some serious changes. but sometimes i think only the dino's like biden will ever have a chance because at least in alabama and many of the folks i know think the dems are a bunch of dirty commi bastids and it will get worse. so how do you convince those on the other side this is not true?
  7. The school system where I am chairman of the BOE has multiple capable people applying for every job we post. Again you are pushing a false narrative and are inventing things that don’t exist here to attack. We are not requiring any high risk person to teach in any classroom and we are not requiring anyone to send their student to the school building. And we are opening our school on August 5th. Based on our recent survey we expect 80% in class and 20% online schooling for the first semester and/or 9 weeks.
  8. It doesn’t matter which party is screwing with the elections by committing voter fraud, it’s the ease that it can happen.
  9. I usually drink 6-12 a week. Occasionally more. I quit hard stuff a few years ago. I never did much anyway but loved Crown Royal
  10. I’m behind. Just seeing this. prayers for your fam, Bird.
  11. I think we will have a season of some sort. Way too much $$$$$ on the line. JMHO
  12. as an aside who makes the best biscuits in your opinion? grins
  13. Experts not optimistic about herd immunity in Alabama By Sarah Whites-Koditschek | 6-8 minutes With coronavirus cases spreading rapidly, Alabama continues pushing for a return to normalcy. Businesses are reopening and campuses are preparing for a fall semester. But what will it take to get back to normal? One possible answer is herd immunity. That might be attempted either through a vaccine or through mass infections. Disease experts welcome the first, but say the second is improbable and dangerous. “We may not be able to wipe out this virus in a year, but it is possible to wipe it out over time (with a vaccine),” said Dr. Pamela Foster, University of Alabama professor of community medicine and population health. Herd immunity is when the majority of a population is immune and is therefore unlikely to spread a disease. Dr. Walter Orenstein, associate director of the Emory Vaccine Center, says 60 to 70 percent of the population would need to be immune to COVID-19 to achieve herd immunity. That’s unlikely without a vaccine, said Orenstein. “My feeling is that we shouldn’t be hopeful, in the absence of the vaccine, that we’re going to get a high enough infection rate that the virus will wipe itself out.” Alabama added over 2,000 coronavirus cases Thursday, a new daily record, as the state’s hospitals are nearing capacity with staffing and ICU beds. Some Alabamians told this spring that they wanted to reach herd immunity so Alabama can get back to regular life, including the head of the state dental board and regular office workers. Even this week, Senate President Pro Tem Del Marsh said he hopes more Alabamians would get sick so we could get to immunity. . But new research shows that widespread outbreaks in other parts of the world resulted in less than 10 percent of the population testing for antibodies for COVID-19. Without a vaccine, attempting herd immunity is a deadly and unlikely proposition, experts say. High cost of herd immunity If the majority of Alabamians got coronavirus, that would mean tens of thousands of deaths, according to Dr. Amber D’Souza, an epidemiologist at John’s Hopkins University. She says the disease’s mortality rate is an estimated one percent. “A number (like) that would be very difficult to imagine and nothing like those of us alive today can imagine,” said D’Souza. “Taking it on the chin can be a pretty dangerous approach,” said Dr. Stephen Kissler, a research fellow at Harvard’s TH Chan School of Public Health, who pointed to racial disparities in the health outcomes for people who become infected. “That burden of herd immunity will be paid for with the health and lives of least privileged members of society,” Kissler said. And then there’s the possibility of hospitals being overrun and lacking room for patients with emergencies, such as heart attacks or injuries from car accidents. Experts point to countries like Sweden, which tried to reach herd immunity without a vaccine and has seen a spike in deaths compared to neighboring nations. Studies show just 7.3 percent of Swedes had antibodies from the disease at the end of April. In Spain, the data was lower at close to 5 percent. “Despite the high impact of COVID-19 in Spain, prevalence estimates remain low and are clearly insufficient to provide herd immunity,” researchers reported in The Lancet medical journal Monday. Vaccine challenges Further complicating Alabama’s prospects for herd immunity, it is not clear how long coronavirus immunity lasts, or whether people can be infected twice. That may mean any vaccine, if and when one becomes available, would need to be administered multiple times. Public health systems would decide who would take priority for getting a vaccine, such as health workers and immunocompromised people, but access could be an issue, experts worry. And surveys reflect that only about half of Americans would be willing to get a vaccine, making vaccine-produced herd immunity, by scientific standards, impossible. Tamping down transmission Still, some immunity is better than none, said Orenstein, if people get it safely, through a vaccine. “Even if we don’t achieve herd immunity, if we have higher immunity than we have right now, we will tamp down transmission,” he said. When a larger percent of the population is immune, less people are likely to spread COVID, if they come into contact with it, breaking the chain of transmission. “Herd immunity gives you an opportunity to at least manage the disease,” said Foster in Alabama. “Right now we’re out of control (and) overwhelming our system,” she said, referring to hospital staffing and ICU bed shortages that could result in hospitals not having enough room to take new patients. Foster hopes a vaccine could be ready as soon as this fall. Dr. D’Souza is hopeful a vaccine might be available by 2021. Next best option Gov. Ivey has encouraged, but not mandated masks in Alabama, although many city and local officials have stepped in and ordered residents to wear masks in public. If everyone in Alabama wore a mask, it would reduce deaths by more than half, saving about 1,700 lives by November, the University of Washington’s Institute for Health Metrics and Evaluation estimates. Beyond that there is the lockdown, which is being tried again from Australia to Spain. Even Texas and Florida have recently restricted some businesses, such as bars, to battle summer surges. “At the moment, the only tool in the tool chest is isolation,” said Orenstein. Alabama’s numbers have been growing rapidly ever since Memorial Day and since people emerged from the lockdown. The New York Times reported Wednesday that if Alabama were a country, it would now have the world’s eighth highest rate of spread. So what happens if Alabamians decide the best course is drop all precautions and let the fittest survive? “You can quote me saying ‘no, no, no, no,” said Foster. She called the “natural” route to herd immunity, without a vaccine, a “selfish approach” by relatively healthy people, fraught with bioethical issues. “When you’re talking about beds being tied up in an ICU, then you have to decide who gets an ICU bed and who doesn’t. Would you want to be in that position?” Note to readers: if you purchase something through one of our affiliate links we may earn a commission.
  14. I live in an area with a ton of high end private schools. However, we also have the luxury of a really good public school system. My wife and I both attended public schools exclusively growing up. Perhaps they weren't up to the academic quality of some of the private schools in the area, but it didn't hold either of us back in that regards. We believed having our kids learn in a diverse school environment was important and was indeed a factor in our choice of school zone. In our area, I just don't see the cost benefit of private schools, even if they are more targeted for college prep. In areas where the public school's academics are very poor, or the schools have documented drug or violence issues, we might consider private education...or move into a different zone if possible.
  15. So SEC office is a hot mess right now. They’re waiting it out. I think at the very least gotta just do in conference only. I’m hearing they want 10-team schedule...we are in talks with Tenn. I know that they need football ($$$$) but it is gonna be a public relations nightmare given the hoops that will need to be cleared to have a chance. I dunno. I’m just really pessimistic that it will get off the ground at all. I’d say 20% chance of a season at this point.
  16. Have read a few things about pre breakfast workouts and blood sugar benefits. I split time between Auburn and the coast. With you on walking in Auburn this time of year. Prefer afternoon on the coast because the sea breeze always kicks in. When not on the coast miss the breeze about more than anything else. Can not find a fan to replicate it. Big Ass Fans that athletics used to spec may come close.
  17. Totally shooting ourselves in the foot. And why???? It's cruel, venal and just flat out stupid. Another way Trump is undermining US influence in the world.
  18. No knock on anyone else but I’ve been saying for awhile that I think he has most potential out of everyone we have in the RB room.
  19. and how would you know kav is a good man? you grew up with him? funny you turn against the dems and support a piece of grabage named trump. How you can like Kasich......who i would have voted for and turn around baffles me completely. are you aware the trump foundation was shut down for screwing over charities? you like kav but side with a man who makes fun of wounded warriors and pows and like their hero's that were not prisoners of war? and who dodged the draft four or was it five times? you are a hypocrite. and you are dishonest.
  20. You're relatively new so you probably haven't seen this from me. Trump lost me the moment he couldn't put a coherent answer together about the simple concept of the nuclear triad. He was asking for the launch codes but didn't understand the basics. I had no interest and still have no interest in voting for that level of incompetence. I wouldn't hire someone for a job at my office who couldn't answer basic stuff and the same applies to my vote.
  21. Of course it is just like you to ignore those who don’t want schools to open just because they know Trump wants them open. In our district those teachers aren’t being forced to teach in school and those students aren’t being forced to come to the school building either. It is the same for all of our surrounding districts too. Do you have evidence of any public school forcing a teacher who is at high risk to enter a classroom full of students? If so, then shame on that district. It is as if people like you are inventing things that don’t or very rarely exist and then say how bad it is.
  22. you have a ton of folks on here that do not believe climate change or that it is a problem. you are new or you would already know that. i am not getting into abortion with you. if you want to discuss this start a thread..........
  23. They do seem to think a lot of it per 12 pack but I buy the case and get a little break. Always drank Bud Lite but changed over a few years ago initially for the carbs. I really do not drink enough of it anymore to be a weight or carb factor. Never have graduated to liquor other than single malt scotch every now and then.
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