CloudyGlock
Well-known member
Consideration is part of the FORM of a Contract. If you did this professionally (like I do) you would know this.
All Contracts, by their nature have a cooling off period.
Isaiah Papali’i #265
- Thread starter MarySt
- Start date
Consideration is part of the FORM of a Contract. If you did this professionally (like I do) you would know this.
All Contracts, by their nature have a cooling off period.
FinestTigers
Well-known member
It would be foolish to think for anyone that trying to renege on a signed contract could be made without any penalties or costs.
Of course, and even with the absence of a cooling off period there may still be allowable valid reasons for a player to renege on a contract.
But we have still not heard from Issaiah or his manager communicating this alleged intention with a signed written notice to the WT
And i believe, if a release is requested, then the only valid reason that may be accepted by any club. Would only be for family compassionate reasons.
So, if this request is all true and given by a written notice but it's not made on compassionate grounds, then the WT and fans would expect Issaiah to honour this contract, and this time tell the slimes to get stuffed.
Of course, and even with the absence of a cooling off period there may still be allowable valid reasons for a player to renege on a contract.
But we have still not heard from Issaiah or his manager communicating this alleged intention with a signed written notice to the WT
And i believe, if a release is requested, then the only valid reason that may be accepted by any club. Would only be for family compassionate reasons.
So, if this request is all true and given by a written notice but it's not made on compassionate grounds, then the WT and fans would expect Issaiah to honour this contract, and this time tell the slimes to get stuffed.
ElleryHanley
Well-known member
Two things
1. Fairly sure the NRL removed the cooling off period.
2. Even in actual situations where it applies in contracts, it is normally 10-14 days.
Ice signed almost 8 months ago. Any cooling off period is long gone.
Simple facts = he has a contract, with us.
Only way out is a release. Like Moses and Matterson and Aloia.
But no way we release IP. We would be a joke...and 8 months have gone by and tons of second rowers who we could have signed are off the market.
There is just no way we will release him.
1. Fairly sure the NRL removed the cooling off period.
2. Even in actual situations where it applies in contracts, it is normally 10-14 days.
Ice signed almost 8 months ago. Any cooling off period is long gone.
Simple facts = he has a contract, with us.
Only way out is a release. Like Moses and Matterson and Aloia.
But no way we release IP. We would be a joke...and 8 months have gone by and tons of second rowers who we could have signed are off the market.
There is just no way we will release him.
CloudyGlock
Well-known member
A lot of name calling going on here, not much facts proving Im wrong, because Im correct.
That may or may not be true, but I am also correct. Inconvenient fact.
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CloudyGlock
Well-known member
Ms Berejiklians boyfriend. Your point being?
Tell us again who the regulating authority for "Contracts" is Mr Barrister.
That’s not true my man
Auctions for example don’t have cooling off periods
If there is an agreement to waive a cooling off period, as I am sure there is in NRL contracts, it is waived
You agree to the terms you sign unless the contract is not enforceable because of other factors i.e unconscionable conditions, duress etc.
CloudyGlock
Well-known member
Thanks for making my point Milky.
CloudyGlock
Well-known member
I am not a lawyer, or a Barrister however in my profession I am deal with both every week. In my experience actual Barristers are not exactly the type to big note themselves on a footy forum despite the fact that they cant define FROLIC and dont understand the difference between laws and regulations.
I think old mate might be getting Barrister and Barista mixed up.
TV Ted Ellery
Well-known member
I'm loathed to quote Legal Vision, but after today's appalling performance by the Tigers, who cares:
However, cooling off periods do not automatically apply to all contractual arrangements and those that do, come with strict rules.
Watching Ally McBeal is no substitute for a law degree.
However, cooling off periods do not automatically apply to all contractual arrangements and those that do, come with strict rules.
Watching Ally McBeal is no substitute for a law degree.
I don’t know how I made your point? Sure though lol
If two parties who are well managed and directed come to an agreement with respect to certain conditions, then they’ll be enforced by the Court.
The removal of a cooling off period doesn’t make the contract unenforceable nor will the Court insert it into any contract
ElleryHanley
Well-known member
I did do a law degree at Uni...over 25 years ago and have forgotten most of it. (Went in a completely different career direction...twice...)
But I do remember that parties can wave cooling off periods.
And that is what the NRL and the player's union did.
So, the entire 'debate' on here is completely redundant.
“Removing the 10-day cooling-off period from player contracts was something we agreed to through the CBA negotiations,” RLPA general counsel Tim Lythe said.
“In our view, a deal is a deal, and this process needed to be improved as it created unnecessary tension within the cooling-off period between clubs and players. This provision has proved detrimental to both clubs and players on occasions.
“Having players and clubs commit to the contract once it’s signed increases the integrity of the entire player recruitment and negotiation process.”
But I do remember that parties can wave cooling off periods.
And that is what the NRL and the player's union did.
So, the entire 'debate' on here is completely redundant.
“Removing the 10-day cooling-off period from player contracts was something we agreed to through the CBA negotiations,” RLPA general counsel Tim Lythe said.
“In our view, a deal is a deal, and this process needed to be improved as it created unnecessary tension within the cooling-off period between clubs and players. This provision has proved detrimental to both clubs and players on occasions.
“Having players and clubs commit to the contract once it’s signed increases the integrity of the entire player recruitment and negotiation process.”
Don’t know why you’re getting so triggered
I mean whether he is a barrister/lawyer or barrista doesn’t really bother me
He is right in that the cooling off period doesn’t apply
Kudos to you on your job, hopefully you get very far with your knowledge of the fundamental principles of a contract, however, stop digging at others
finnzo
Well-known member
Who cares if there is a cooling off period if there was it would be done by now
The SHADOW
Well-known member
I remember J Reynolds signing the waiver with us. He stitched up the deal by doing so.
ElleryHanley
Well-known member
They won't let it happen.
Honestly...it would be the ultimate act of waving the white flag and saying we won't stay strong / the polar opposite of Melb.
I have followed the Tigers for over 40 years and 'releasing' IP would prob be the final straw, even for me.
The club knows this.
It won't happen. Not on Sheen's watch...
I don't know why anyone is arguing over contracts when it's pretty much a given in the NRL these days if a player makes it clear he doesn't want to play for you clubs will roll contract or not. AFB did it Manly, TPJ Broncos DCE Titans, Walsh with Warriors, - it doesn't happen just to us - just more often for obvious reasons.
ElleryHanley
Well-known member
Not the same....
AFB had a clash with some of the other Manly players.
TPJ had a horrible contract the Broncs 'wanted' gone.
Walsh a one off...was leaving anyway and has a child, at 19, in Bris.
DCE did it when you 'were' able to backflip.
IP cannot get out of it and is our biggest signing in years.
He can sulk, he can even sit out...but he would not be paid and heavily fined.
This is a player who was on very little in NZ and massively underpaid at Parra.
He is not sitting out on almost two million dollars at his age.
ONLY way out is Sheens lets him out. That won't happen.
