Aussie Player Exodus
- Thread starter swingpass
- Start date
Marcelo
Ken Catchpole (46)
When/Where QC (Quade Cooper) said he wants to stay in Australia?
T
Train Without a Station
Guest
Is it a Fringe Benefit by law or a business expense? What would the cost of a transfer fee be attributed to?
He hasn't. Tim Horan has done all the talking.
I guess it could be structured as the ARU buying the contracting rights to QC (Quade Cooper) from Toulon but I don't know if that would pass the 'smell test'. The actual nature of it would be QC (Quade Cooper) paying to get out of a contract and if his employer paid that it would be subject to FBT.
T
Train Without a Station
Guest
I'm no accountant but I thought on principle, it would be similar to a fee paid to a recruiter in a general business.
Chris McCracken
Jim Clark (26)
What's the rule on third party "sponsorship" if a generous benefactor opted to pay the cost?
like Timmy Horan!!!!
wamberal
Phil Kearns (64)
T
Train Without a Station
Guest
This fucking makes me irate.
http://www.smh.com.au/rugby-union/r...eems-destined-for-toulon-20150609-ghk0wr.html
Specifically this line.
Do you think there is any threat that journalists may actually research the subject they are trying to talk about with authority?
If it's a letter of intent, the contract terms are yet to be finalized. If the contract terms are not finalized, it cannot be binding, as the terms are not finalized.
http://www.smh.com.au/rugby-union/r...eems-destined-for-toulon-20150609-ghk0wr.html
Specifically this line.
Do you think there is any threat that journalists may actually research the subject they are trying to talk about with authority?
If it's a letter of intent, the contract terms are yet to be finalized. If the contract terms are not finalized, it cannot be binding, as the terms are not finalized.
T
Train Without a Station
Guest
Either he has signed a contract, and to break it Toulon would want compensation.
Or he's signed a letter of intent, and he is not bound.
Or he's signed a letter of intent, and he is not bound.
TWAS that would seem logical to me. However, I'm not sure how French contract law would apply in this case. Perhaps they treat the weighting on LOI's differently to Australian law?
I'm sure that somewhere, lurking under the shadows, there is a get-out clause that will make the Toulon problem go away.
To get back your main point about journalistic quality - did you really expect anything different? The story seems more weighed around generating click-bait than arguing a solid case to keep QC (Quade Cooper) in Australia. The article seems to impress that we have given up here in Australia, whereas I don't think that's the case. IF it was his last game in Australia he would receive similar treatment that big Kev and Sanchez enjoyed last week.
My view - he will stay.
I'm sure that somewhere, lurking under the shadows, there is a get-out clause that will make the Toulon problem go away.
To get back your main point about journalistic quality - did you really expect anything different? The story seems more weighed around generating click-bait than arguing a solid case to keep QC (Quade Cooper) in Australia. The article seems to impress that we have given up here in Australia, whereas I don't think that's the case. IF it was his last game in Australia he would receive similar treatment that big Kev and Sanchez enjoyed last week.
My view - he will stay.
T
Train Without a Station
Guest
Legally it's very difficult for a Letter of Intent to be binding.
A contract requires consideration. The details which remain undefined are that consideration. Therefore it cannot be a contract with undefined consideration as far as I'm aware.
I believe in some cases an LOI is treated as a contract, but my understanding is this is in business cases where it closely resembles a formal contract. I'd assume this would mean the undefined details would not alter the agreement.
A contract requires consideration. The details which remain undefined are that consideration. Therefore it cannot be a contract with undefined consideration as far as I'm aware.
I believe in some cases an LOI is treated as a contract, but my understanding is this is in business cases where it closely resembles a formal contract. I'd assume this would mean the undefined details would not alter the agreement.
Strewthcobber
Simon Poidevin (60)
I wonder if QC (Quade Cooper) received the "compensation money" as a sign on bonus when he agreed to the letter of intent.
If he doesn't go through with it, then he has to return the bonus.
If he doesn't go through with it, then he has to return the bonus.
T
Train Without a Station
Guest
Now there's a scenario that actually makes sense.
Is it possible that Toloun paid Quade a signing bonus which he has since used in the purchase of his new house?
Is it possible that Toloun paid Quade a signing bonus which he has since used in the purchase of his new house?
T
Train Without a Station
Guest
I'm not versed in the contract laws of each individual country Seb, but generally for a country in any country to be binding, there must be consideration.
In France they define 4 required elements:
- the free and informed consent of the parties;
- their ability to enter the agreement;
- a certain determined object for the contract (This is the consideration);
- a lawful cause.
A letter of intent, lacks a certain determined object for the contract (remuneration, duration, etc.), otherwise it would be a contract.
In France they define 4 required elements:
- the free and informed consent of the parties;
- their ability to enter the agreement;
- a certain determined object for the contract (This is the consideration);
- a lawful cause.
A letter of intent, lacks a certain determined object for the contract (remuneration, duration, etc.), otherwise it would be a contract.