another look wrote:
Seems to me nyrr is liable considering the race was not canceled due to weather but rather " public opinion". Seems like two different things.. that means I could advertise a race.take urban money and offer no refund. Simply based on the public's opinion of my race
I thought about that myself but the NYRR has lawyers and i'm sure they are covered on this.
The race was cancelled because of the Hurricane. After the Hurricane, the Mayor ultimately decided he couldn't stand up to public opinion/unions.
So he told them they couldn't have it.
I think the NYRR would win if this was pressed in court as clearly it was force majeure.
Not only is that incorrect. If the NYRR's have the quality attorney's (as I would assume they do), they have been informed that a "no refund" policy will NOT stand up in court. I am ire their attorneys would be more than happy to take millions from the NYRR's to defend them though.
I the NYRR's decide to pursue the litigation route, they will either be faced with paying the attorney fees and paying back all the entry fees in a settlement before judgement, or they can decide to take it all the way to the judgement and face paying attorney fees, refunding the entry fees... and also face the possibility of additionally paying any travel expenses (including food, tolls, parking, etc.) that athletes can produce receipts for. they may also have to pay interest on that money depending on how long it takes to get through the court system. But what would really destroy the NYRR's is if the judgement includes mental anguish! It is possible that EVERY athlete could receive additional money for all their time training for the race, and also for the time they spent traveling, time out of work, etc.
Something like this (depending on which judge gets assigned to the case) could end up costing the NYRR's hundreds of millions of dollars. It could also cost the city of NY hundreds of millions, as well as destroy the careers of many political figures.
My guess is that the city is going to "save their @sses" and force the NYRR's to give all the entrants a choice of of receiving a full refund for their entry fee or receiving free automatic entry into the 2013 or 2014 race. Which will be the runners choice.
This will happen by Wednesday...