Byron_Bay_Fan
New member
I read about ten pages on the Kennel site and poor Dessie has not one supporter - and I thought RF had it tough here. Des won't get a lap of honour, a decent burial or even an eulogy - only an unmarked burial site.
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@ said:@ said:@ said:@ said:Like I said, a million to one that Dessie doesn't hire his favourite lawyer and take that to court. Dogs will be forced to settle, no doubts about it. Des might not get the full value of his "heads of agreement" but it will cost Dogs hundreds of thousands if not millions to either defeat him in court or reach an agreement.
You would expect that Des' lawyers and manager would have know at the time of "heads of agreement" extension that there might be blood in the water at end of season and not made an agreement that left Des totally out to dry.
BTW I had to look up what a HoA was, wikipedia:
_A set of heads of agreement, heads of terms or letter of intent is a non-binding document outlining the main issues relevant to a tentative (partnership or other) agreement.[1] A heads of agreement document will only be enforceable when it is adopted into a parent contract and subsequently agreed upon, unless otherwise stated. Until that point, a heads of agreement will not be legally binding (See Fletcher Challenge Energy Ltd v Electricity Corp of New Zealand Ltd [2002] 2 NZLR 433).\
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However, such documents can be legally binding if the agreement document contains terms or language that expressly indicates the binding intention. Equally, a letter which contains no express indication of whether its terms were intended to be binding, can be found to be binding due to language used._
So we are being told now that Dogs announce Des' extension a few months ago and actually the terms and issues were written on a bit of toilet paper in lead pencil? How many other NRL contracts are done in this manner, and is this the same thing that Fifita had when he had that fight with the Dogs over revocation of contract?
Legally speaking, an agreement requires intent and consideration to be legally binding.
Consideration was obviously there with Hasler agreeing to coach, the reported 1.5mil per season.
Intent was there when the Dogs announced the signing and Hasler put pen to paper.
Agreement was obviously there.
The heads of agreement was legally binding no doubt about it. I think its just Dib saving his backside infront of the fans and there will be a payment organised to Hasler.
That's not the test for determining whether a Heads of Agreement is binding. It's whether the parties intended the agreement to be immediately binding having regard to the language contained in the Heads of Agreement and it's to be assessed objectively taking into account the circumstances giving rise to the agreement.
You basically re-said what I just did…
Every contract is assessed objectively, don't see your point?
In order for a heads of agreement to be legally binding it must contain the essential elements of a contract. Consideration, intent and offer/acceptance.
It must not expressly state that it is subject to being formed as a formal contract.
Haslers lawyers would not be stupid enough to allow him to sign a document stating that.
The Dogs objectively intended to be bound at the time they announced the signing.
@ said:Woods should know where he stands in the pecking order now, as Foran was contacted last week prior to Hasler being shown the door, whilst poor Aaron was only rung afterwards.
@ said:@ said:Jim Dymock should get the gig, he's a good coach.
Of what exactly? Has he even been an under 20's coach? He would be a massive stab in the dark by the Dogs IMO.
@ said:@ said:Woods should know where he stands in the pecking order now, as Foran was contacted last week prior to Hasler being shown the door, whilst poor Aaron was only rung afterwards.
And that would be because Des was the main reason Foran signed in the first place, not so with Woods, but skew however you like.