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Aussie Player Exodus

Strewthcobber

Simon Poidevin (60)
Does he actually have any grounds to sue? Or is he just being an angry Frenchman?
Possibly, better legal minds than me might care to comment


The law is that someone cannot induce another person to breach their contract with a third party. This is the tort of inducing breach of contract.

The Federal Court described the tort by reference to an English case[1] as follows: 'Direct persuasion or procurement or inducement applied by the third party to the contract breaker, with knowledge of the contract and the intention of bringing about its breach . . '.
To show that the tort has been committed the claimant must show:
  • That there was a persuasion or procurement or inducement by the defendant - merely advising someone to breach the contract is not enough. The defendant must be shown to have created the reason for breaking the contract, not just to have pointed out existing reasons to break the contract.
  • That the defendant had an intention to bring about a breach contract - it is not enough that the defendant knew that a breach of contract would be a natural or probable consequence of its actions, nor is it enough that the defendant was indifferent to the effect on anyone else's contract.
 
T

TOCC

Guest
It'll be interesting to see whether the signing/releases of Douglas and Quade have any impact on overseas interest in Australian players. In addition, allowing Australian players been made available for Wallabies would also decrease their value to European clubs marginally.


Sent from my iPhone using Tapatalk
 
T

Train Without a Station

Guest
Strewthcobber it's likely it muddies the waters that Cooper potentially would have been negotiating with the ARU before Toulon.

How can the ARU have created a reason to break the contract, if that reason is an offer that was potentially made prior to Quade signing with Toulon.

But also wouldn't the ARU need to be aware that Quade was under contract to be guilty of this? It was pretty murky the whole situation and nobody knows the full story.
 

Hugh Jarse

Rocky Elsom (76)
Pretty shrewd move by The Pulveriser to decrease the potential worth of Wallabies on the European and Japanese Club scene. Means ARU have to stump up with less in order to retain their players here.
 

Strewthcobber

Simon Poidevin (60)
Strewthcobber it's likely it muddies the waters that Cooper potentially would have been negotiating with the ARU before Toulon.

How can the ARU have created a reason to break the contract, if that reason is an offer that was potentially made prior to Quade signing with Toulon.

But also wouldn't the ARU need to be aware that Quade was under contract to be guilty of this? It was pretty murky the whole situation and nobody knows the full story.
You'd think the legal fees would be more than the damages as well - marketing and photo costs by all reports. In any cases, he won't have Quade on the feild
 

badabing59

Cyril Towers (30)
Great signing, but didn't the ARU have a rule that you had to sign for 7s for the complete year and not do anything else? Or has that rule changed or disappeared completely?
 

jollyswagman

Ron Walden (29)
News out of the UK is that Leinster has agreed to release Kane Douglas. He is also rumoured to be close to signing with the Reds, thus making him eligible for the world cup selection.

Not sure if the big guy would be up for the World Cup or not.....he does know it is being played in the UK right? May be a little to far from home for him :p
 

fatprop

George Gregan (70)
Staff member
As it should be.

But if the suggestions are right that they paid out the contract for Kane Douglas, then they're looking a bit stupid on their stance.

(perhaps unless he's on some sort of instalment repayment plan)


or the payment (if any) was made out of future wages (who knows)
 

kiap

Steve Williams (59)
Yep, that's what I was getting at.

On the "if any" bit, I sincerely doubt we are talking zero dollars. It's more a question of who paid.

In saying that, he's a good pick-up for the Reds.
 

fatprop

George Gregan (70)
Staff member
If reports of a 200,000 euro payment are true, Kane may not be playing for very much over the next couple of years


I reckon 99% of all media estimates are just pure speculation, most commercial compensation stuff I see has serious confidentiality clauses laid over it, so who actually tells them numbers?

The reality is that Douglas didn't have a great NH season (the 12 month rugby disease IMHO) and I have yet to see a Leinster supporter actually bothered at all by his loss, he played 20 games and finished the season 3 months early with a back injury (an injury he has been carrying for a while) so what was his actual current value to Leinster? (a player coming off an average season recovering from a back injury?)

But I do rate him very highly, but as a dirty stink'in Red? Less so of course :rolleyes:
 

wamberal

Phil Kearns (64)
Great signing, but didn't the ARU have a rule that you had to sign for 7s for the complete year and not do anything else? Or has that rule changed or disappeared completely?


Speight is a proven Sevens player, apparently. That would make a big difference.


No doubt Geraint John would far prefer to have all his players available exclusively for Sevens, and in an ideal world that is what would happen.


Sadly, our rugby world is far from ideal. John needs players like Speight, with proven Sevens experience and proven ability at the very top level of the game, fifteens and Sevens.
 

Brumby Runner

Jason Little (69)
Speight is a proven Sevens player, apparently. That would make a big difference.


No doubt Geraint John would far prefer to have all his players available exclusively for Sevens, and in an ideal world that is what would happen.


Sadly, our rugby world is far from ideal. John needs players like Speight, with proven Sevens experience and proven ability at the very top level of the game, fifteens and Sevens.

I would be concerned (for Henry) if his 7s involvement next year came at the expense of Super and test rugby. After the less than ideal introduction he's had to the test arena, he needs really to be available for the Wallabies for each and every game from now on or risk the possibility of being left behind again. If that means he needs to play Super rugby next year, then I for one am all for it.
 
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