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FB: Darian Mensah

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Beatle Bum

Heisman
Sep 1, 2002
41,067
62,680
113
Mensah enters the portal at the last minute and screws Duke. He also turns a spotlight on not only the weaknesses Miami, UT, and Ole Miss have at QB next year, but also on how broken this NIL (pay to play) portal era is for football.

Duke paid him top dollar to leave Sumrall and Tulane. It has been reported he had a 2 year contract to return. Now he is in the portal trying to get Miami money.

How is this good for college football?
 
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Anon477434

Freshman
Jan 3, 2026
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Beatle Bum said:
Mensah enters the portal at the last minute and screws Duke. He also turns a spotlight on not only the weaknesses Miami, UT, and Ole Miss have at QB next year, but also on how broken this NIL (pay to play) portal era is for football.

Duke paid him top dollar to leave Sumrall and Tulane. It has been reported he had a 2 year contract to return. Now he is in the portal trying to get Miami money.

How is this good for college football?
Click to expand...
Capitalism is great when it benefits the elite. College athletes get in on it and it’s a whole problem.
 
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Anon477434

Freshman
Jan 3, 2026
148
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Beatle Bum said:
Enforceable contracts are no longer part of capitalism in this country? Wow! That is news!
Click to expand...
NIL is paying a player for his name image and likeness. LOL at doing pay for play and crying about enforceable contracts. Make the athletes employees if you want enforceable contracts. They always cry when it’s not the elite benefiting.
 
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kyjeff1

kyjeff1

Heisman
Sep 8, 2012
48,841
67,711
113
Beatle Bum said:
Mensah enters the portal at the last minute and screws Duke. He also turns a spotlight on not only the weaknesses Miami, UT, and Ole Miss have at QB next year, but also on how broken this NIL (pay to play) portal era is for football.

Duke paid him top dollar to leave Sumrall and Tulane. It has been reported he had a 2 year contract to return. Now he is in the portal trying to get Miami money.

How is this good for college football?
Click to expand...
It may not be good for college football, but any time duke gets screwed, an angel gets its wings.
 
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B

Beatle Bum

Heisman
Sep 1, 2002
41,067
62,680
113
Anon477434 said:
NIL is paying a player for his name image and likeness. LOL at doing pay for play and crying about enforceable contracts. Make the athletes employees if you want enforceable contracts. They always cry when it’s not the elite benefiting.
Click to expand...
If that were true, and it is only fractionally true, marketing contracts are enforceable. We don’t act like some contracts between lucid adults are enforceable and some are not.
Duke football is an elite? Miami is the benefitting elite here, or UT or whomever wins the bidding war. 🤦‍♂️
 
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T

TheResistance

All-Conference
Jul 3, 2025
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Until their is Collective Bargaining and iron-clad contracts, this will continue. As it has been brought up, everyone wants Congress to do something, but they don't care right now. We will probably need a few more dozen lawsuits and then maybe the Federal Government will pass legislation to carve out an area for College Sports.
 
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Anon477434

Freshman
Jan 3, 2026
148
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Beatle Bum said:
If that were true, and it is only fractionally true, marketing contracts are enforceable. We don’t act like some contracts between lucid adults are enforceable and some are not.
Duke football is an elite? Miami is the benefitting elite here, or UT or whomever wins the bidding war. 🤦‍♂️
Click to expand...
NIL contracts are fully enforceable, what are you even talking about. He was paid for his name image and likeness, he was not contractually paid to be a Duke football player. The institutions (the elite)who have been making billions off of the players don’t want to give up control of their empire so this is what it is now.
 
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BlueBlood96Cat

BlueBlood96Cat

All-Conference
Jan 5, 2022
2,679
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Beatle Bum said:
Mensah enters the portal at the last minute and screws Duke. He also turns a spotlight on not only the weaknesses Miami, UT, and Ole Miss have at QB next year, but also on how broken this NIL (pay to play) portal era is for football.

Duke paid him top dollar to leave Sumrall and Tulane. It has been reported he had a 2 year contract to return. Now he is in the portal trying to get Miami money.

How is this good for college football?
Click to expand...
You need to give a different example. I see where a guy screwed Duke and I just can’t find anything wrong with it. Maybe it’s blue shades.
 
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bigblueinsanity (the real)

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TheResistance said:
Until their is Collective Bargaining and iron-clad contracts, this will continue. As it has been brought up, everyone wants Congress to do something, but they don't care right now. We will probably need a few more dozen lawsuits and then maybe the Federal Government will pass legislation to carve out an area for College Sports.
Click to expand...

These are ironclad. The issue is lack of will to enforce. Washington sued and their player returned. Im sure he will stub his toe and sit out all season.

The issue isnt enforceability, its the one sided restrictions. There can be zero language based incentives including game participation. That honestly should even an enforceable contract the other way, because the player has zero obligation, therefore making it an illusory contract.

Either they can earn money like everyone else, without the buffers, or they cant. Those should be the rules. Courts swung the pendulum way too far to address what was a modest injustice and now its insane.

I do agree collective bargaining is the answer and it should be easy. As part of the clearing house, make every athlete agree to join the group. Then said group can vote on leadership. Said leadership will negotiate everything. Will take 2-3 years to get fixed, but it would fix everything.
 
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CarbonLib

Redshirt
Aug 6, 2025
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Mesah could have given the staff more notice....this smacks of collusion.......the week before he told them he was staying for a 2nd year....
 
B

Beatle Bum

Heisman
Sep 1, 2002
41,067
62,680
113
Anon477434 said:
NIL contracts are fully enforceable, what are you even talking about. He was paid for his name image and likeness, he was not contractually paid to be a Duke football player. The institutions (the elite)who have been making billions off of the players don’t want to give up control of their empire so this is what it is now.
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Enforceable means Duke can sue for breach and let’s stop with the NIL fiction. The idea that players don’t have to have character and cannot be bound by agreement is really pathetic.
 
L

Laparkafan

All-American
Sep 5, 2004
13,520
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93
Beatle Bum said:
Mensah enters the portal at the last minute and screws Duke. He also turns a spotlight on not only the weaknesses Miami, UT, and Ole Miss have at QB next year, but also on how broken this NIL (pay to play) portal era is for football.

Duke paid him top dollar to leave Sumrall and Tulane. It has been reported he had a 2 year contract to return. Now he is in the portal trying to get Miami money.

How is this good for college football?
Click to expand...
They were all tampering
 
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K

KYWC36

All-Conference
Jul 11, 2013
1,093
1,597
113
Beatle Bum said:
Enforceable contracts are no longer part of capitalism in this country? Wow! That is news!
Click to expand...
you cant really have an enforceable contract, unless they are classified as paid workers, that's all a lot of smoke and mirrors. You might be able to get some money back, but that is it. The portal is open in a set period days, gotta keep ya head on a swivel lol
 
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KYWC36

All-Conference
Jul 11, 2013
1,093
1,597
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Beatle Bum said:
If that were true, and it is only fractionally true, marketing contracts are enforceable. We don’t act like some contracts between lucid adults are enforceable and some are not.
Duke football is an elite? Miami is the benefitting elite here, or UT or whomever wins the bidding war. 🤦‍♂️
Click to expand...
They cannot force the kid to play for Duke, so they really are not enforceable. That could change, but it would take the courts to do so
 
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B

Beatle Bum

Heisman
Sep 1, 2002
41,067
62,680
113
KYWC36 said:
you cant really have an enforceable contract, unless they are classified as paid workers, that's all a lot of smoke and mirrors. You might be able to get some money back, but that is it. The portal is open in a set period days, gotta keep ya head on a swivel lol
Click to expand...
You’ll need to explain this as I missed that day in contracts class. He needs to be a “paid worker” to have an enforceable contract? Interesting.

Are we believing NIL is a real thing? If I pay you pursuant to a contract for your name image and likeness and your part of the deal is you play for Duke and then you breach your end of the deal, are you saying that is not enforceable? I have not seen any of these deals, but the conferences are supposedly working with the school lawyers to negotiate the deals. How is it not enforceable?
 
B

Beatle Bum

Heisman
Sep 1, 2002
41,067
62,680
113
KYWC36 said:
They cannot force the kid to play for Duke, so they really are not enforceable. That could change, but it would take the courts to do so
Click to expand...
They may be able to keep the kid from playing if they don’t play for Duke. Have you seen the terms of these deals? I have not. Obvuously, the B1G deal signed by the Washington QB must have had some teeth. Buying litigation ain’t cheap.
 
B

Beatle Bum

Heisman
Sep 1, 2002
41,067
62,680
113
By the way, if the contract is not enforceable (and all the dumb anti Duke comments aside because this could be most any school), there are other equitable theories that may be available to Duke to get damages. They allege in their complaint that there was a promise and they are seeking equitable relief. It’s an interesting position. Duke certainly can show they detrimentally relied upon that promise.

Mensah’s attorney stated the contract has a remedies provision. Maybe Miami pays Duke (or gives a player to be named later lol) as part of its agreement with Mensah. Time will tell.

The NCAA should be dissolved, that much is clear.
 
K

KYWC36

All-Conference
Jul 11, 2013
1,093
1,597
113
Beatle Bum said:
You’ll need to explain this as I missed that day in contracts class. He needs to be a “paid worker” to have an enforceable contract? Interesting.

Are we believing NIL is a real thing? If I pay you pursuant to a contract for your name image and likeness and your part of the deal is you play for Duke and then you breach your end of the deal, are you saying that is not enforceable? I have not seen any of these deals, but the conferences are supposedly working with the school lawyers to negotiate the deals. How is it not enforceable?
Click to expand...
Yes, they can certainly sue to get their money back but they cannot force him to stay at Duke. There are no official rules around this, this isn't normal contract law, this is the wild west and it NIL isn't even what NIL was supposed to be. We don't even know if these contracts are legal at this point. For the NCAA to truly fix it, they would have to admit fault, to actually govern, and that's not going to happen. The courts may change it, it may become like real contract law at some point, but for now, all they can hope for is the money and honestly, that is all they should get back. I understand it presents challenges, but dems da breaks, miss with all of that is screws the school BS, gimme a break. Schools screw kids all the time and no one cares, they'll be fine
 
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K

KYWC36

All-Conference
Jul 11, 2013
1,093
1,597
113
Beatle Bum said:
They may be able to keep the kid from playing if they don’t play for Duke. Have you seen the terms of these deals? I have not. Obvuously, the B1G deal signed by the Washington QB must have had some teeth. Buying litigation ain’t cheap.
Click to expand...
Have you seen the decisions the NCAA is making? In this liberal day and time? That's never going to happen.
 
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KYWC36

All-Conference
Jul 11, 2013
1,093
1,597
113
Beatle Bum said:
By the way, if the contract is not enforceable (and all the dumb anti Duke comments aside because this could be most any school), there are other equitable theories that may be available to Duke to get damages. They allege in their complaint that there was a promise and they are seeking equitable relief. It’s an interesting position. Duke certainly can show they detrimentally relied upon that promise.

Mensah’s attorney stated the contract has a remedies provision. Maybe Miami pays Duke (or gives a player to be named later lol) as part of its agreement with Mensah. Time will tell.

The NCAA should be dissolved, that much is clear.
Click to expand...
This was were I was going, in order to truly enforce this across the board- the NCAA would be abolished and they would become employees of the school. Which, I agree, that is where it is and should be going
 
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*Fox2Monk*

*Fox2Monk*

Heisman
Jun 10, 2009
42,743
75,895
113
bigblueinsanity (the real) said:
These are ironclad. The issue is lack of will to enforce. Washington sued and their player returned. Im sure he will stub his toe and sit out all season.

The issue isnt enforceability, its the one sided restrictions. There can be zero language based incentives including game participation. That honestly should even an enforceable contract the other way, because the player has zero obligation, therefore making it an illusory contract.

Either they can earn money like everyone else, without the buffers, or they cant. Those should be the rules. Courts swung the pendulum way too far to address what was a modest injustice and now its insane.

I do agree collective bargaining is the answer and it should be easy. As part of the clearing house, make every athlete agree to join the group. Then said group can vote on leadership. Said leadership will negotiate everything. Will take 2-3 years to get fixed, but it would fix everything.
Click to expand...
Exactly, they need to limit transfers to once in 4 years unless there is a coaching change. Allow the schools to be able to recoup money if they sit out or leave, and allow them to not pay if they don’t play. It needs to be fair for both sides with protections all the way around for both sides.
 
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B

Beatle Bum

Heisman
Sep 1, 2002
41,067
62,680
113
KYWC36 said:
Yes, they can certainly sue to get their money back but they cannot force him to stay at Duke. There are no official rules around this, this isn't normal contract law, this is the wild west and it NIL isn't even what NIL was supposed to be. We don't even know if these contracts are legal at this point. For the NCAA to truly fix it, they would have to admit fault, to actually govern, and that's not going to happen. The courts may change it, it may become like real contract law at some point, but for now, all they can hope for is the money and honestly, that is all they should get back. I understand it presents challenges, but dems da breaks, miss with all of that is screws the school BS, gimme a break. Schools screw kids all the time and no one cares, they'll be fine
Click to expand...
I am not sure why contract law would not apply to contracts. These are contracts. They will be construed by the four corners of the document in light of applicable law. I don’t think Duke can force anyone to play at Duke, but they may be able to get real damages, not just under contract law but under the law of promissory estoppel. I think Mensah’s promise to stay at Duke and cause Duke to not shop the portal for a starting QB is on social media. I think his announcement was affirmed publicly. Time will tell, but if he does not play at Duke, he may owe Duke a lot. The first judge did not enter an injunction regarding the portal, but whether he can play someplace else will be seen.
 
B

bigblueinsanity (the real)

All-American
Jul 6, 2025
1,993
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113
KYWC36 said:
Yes, they can certainly sue to get their money back but they cannot force him to stay at Duke. There are no official rules around this, this isn't normal contract law, this is the wild west and it NIL isn't even what NIL was supposed to be. We don't even know if these contracts are legal at this point. For the NCAA to truly fix it, they would have to admit fault, to actually govern, and that's not going to happen. The courts may change it, it may become like real contract law at some point, but for now, all they can hope for is the money and honestly, that is all they should get back. I understand it presents challenges, but dems da breaks, miss with all of that is screws the school BS, gimme a break. Schools screw kids all the time and no one cares, they'll be fine
Click to expand...

They can. Its called specific performance and its right on point. That's why they won their tro and why they should easily win their permanent injunction hearing.

Its the same way Washington got their qb back. Up until now, schools didn't want the pr hit. Thankfully these will help stop the bleeding.
 
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KYWC36

All-Conference
Jul 11, 2013
1,093
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bigblueinsanity (the real) said:
They can. Its called specific performance and its right on point. That's why they won their tro and why they should easily win their permanent injunction hearing.

Its the same way Washington got their qb back. Up until now, schools didn't want the pr hit. Thankfully these will help stop the bleeding.
Click to expand...
I am very confident that Mensah will be at Miami next season … but we shall see the Washington situation is similar but different but I’ll digress we shall see
 
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