http://www.concurringopinions.com/archives/2007/09/will_bill_belic.html The Law, the Universe, and Everything Tue, 14 Feb 2012 05:18:12 +0000 hourly 1 http://wordpress.org/?v=3.2.1 http://www.concurringopinions.com/archives/2007/09/will_bill_belic.html/comment-page-1#comment-52387 Fraud Guy Fri, 14 Sep 2007 16:50:03 +0000 http://www.solove.org/archives/2007/09/will-bill-belichick-really-pay-a-500000-fine.html#comment-52387 It definitely depends on the contract. From my experience with credit cards, for example, if a merchant accepting cards is responsible for a breach, it technically is their processor who is fined, not them. However, the processing agreement will clearly state that the merchant is responsible for all fines assessed to the processor due to the merchant's violations of card association processing rules (even if the majority of such rules are not disclosed to the merchant directly). It definitely depends on the contract. From my experience with credit cards, for example, if a merchant accepting cards is responsible for a breach, it technically is their processor who is fined, not them. However, the processing agreement will clearly state that the merchant is responsible for all fines assessed to the processor due to the merchant’s violations of card association processing rules (even if the majority of such rules are not disclosed to the merchant directly).

]]> http://www.concurringopinions.com/archives/2007/09/will_bill_belic.html/comment-page-1#comment-52386 James Grimmelmann Fri, 14 Sep 2007 14:35:07 +0000 http://www.solove.org/archives/2007/09/will-bill-belichick-really-pay-a-500000-fine.html#comment-52386 The other wrinkle is that it's Belichick's contract itself that gives the NFL the power to fine him. The NFL couldn't just go out and fine you or me, for example. I wonder whether there are penalty-clause limits on the NFL's fining power. In any event, as you say, it all turns on what the contract says. The other wrinkle is that it’s Belichick’s contract itself that gives the NFL the power to fine him. The NFL couldn’t just go out and fine you or me, for example. I wonder whether there are penalty-clause limits on the NFL’s fining power. In any event, as you say, it all turns on what the contract says.

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