Waratahs 2014

[rugbysmartarse]

its common in commercial real estate that you will sign a "heads of agreement" stating the general key terms of a deal (such as rent, length of lease etc) which is non binding, and then proceed to engage lawyers to work out an actual lease. I imagine this is a similar situation where they agreed key terms on an offer but did not proceed to drafting an employment contract for signature.

 

[qwerty51]

Maybe a cooling off period as well? In which he told Cheika and he raged at him.

 

[oztimmay]

No idea why they had a letter of intent rather than a contract. As you're the armchair lawyer, would you have an explanation?

Also, how did it get leaked before the Rebels got him to sign a contract?

Not really sure why they would use a letter of intent as I don't know what weight they carry? Do they merely show agreement of terms or are they binding somehow? Seems they aren't if someone can just walk away from them. If they carry no weight and any party can change their mind they see a) redundant and b) something you wouldn't want to tell your rivals in case they are made a counter-offer.

I suspect the 'tahs leaked it to try and create a similar social media storm similar to Genia and the Force. Seems it may have some impact on it, apparently the money from the Rebels was good enough to go.

 

[oztimmay]

its common in commercial real estate that you will sign a "heads of agreement" stating the general key terms of a deal (such as rent, length of lease etc) which is non binding, and then proceed to engage lawyers to work out an actual lease. I imagine this is a similar situation where they agreed key terms on an offer but did not proceed to drafting an employment contract for signature.

Agreed that everyone will have specific detail for a contract, but for most places I have worked for employment agreements are fairly standard and it's just simply a matter of completing the pertinent information in the contract. If Sam and Brendan agreed to these terms I would have thought Sam would have had the new contract sitting in his Inbox by mid-afternoon that day.

I know i'm over-simplifying things here, but if the Rebels were that keen to sign him they would have had all their ducks lined up in a row and be ready to put pen to paper.

Doesn't really matter now, what's done is done. Time to move on. I will say you're lucky to keep him; he's a quality unit. I think if JOC (James O'Connor) moves out of 10 we'll have someone equal to Brendan's Bernard's caliber in Bryce Hegarty.

 

[Richo]

Who the heck is Brendan?

 

[oztimmay]

Sorry...Bernard.

 

[Bruce Ross]

And when did he come Bernard instead of Bernard, which is how his name has been pronounced for at least the past five years? Just because he went to a private school he doesn't have to have an affected poncy version of his name.
.

 

[fatprop]

A letter of intent at best sets out the terms that will be documented in the contract unless the letter specifically states the parties are to be bound by the letter. And then there are herds of lawyers present at the meeting documenting the thing

Sent from my GT-I9100 using Tapatalk 2

 

[Hugh Jarse]

He is too small - isnt he?

Right now he's got that stout athletic build, think a slightly bigger Michael Hooper.

He'll be right I think.

Adam Freier was also "small" for an modern international hooker, however he made it to the top level. The size of the fight in the dog is also very important.

Look at Timani the Larger. Many would say he fails to take advantage of his bulk.

With Roach, if he can nail the lineout throws, tackle his opponents, not lose tightheads, then I say pick him. Decent lineout throwers are rather rare.

 

[Train Without a Station]

Adam Freier was also "small" for an modern international hooker, however he made it to the top level. The size of the fight in the dog is also very important.

Look at Timani the Larger. Many would say he fails to take advantage of his bulk.

With Roach, if he can nail the lineout throws, tackle his opponents, not lose tightheads, then I say pick him. Decent lineout throwers are rather rare.

Schalk Brits too.

 

[Hugh Jarse]

Schalk Brits gets bonus points for clocking Farrell in the Barbars game.

Off topic, but will YC be the only penalty he will receive, unless he has been cited separately by the B&I Lions management.

 

[Gnostic]

And when did he come Bernard instead of Bernard, which is how his name has been pronounced for at least the past five years? Just because he went to a private school he doesn't have to have an affected poncy version of his name.
.

Good to see you posting Bruce. You have been much too quiet.

 

[Gnostic]

Adam Freier was also "small" for an modern international hooker, however he made it to the top level. The size of the fight in the dog is also very important.

Look at Timani the Larger. Many would say he fails to take advantage of his bulk.

With Roach, if he can nail the lineout throws, tackle his opponents, not lose tightheads, then I say pick him. Decent lineout throwers are rather rare.

I will always quote the example of Tom Smith, LHP prop for Scotland and B&I Lion. Nobody ever doubted that Tom Smith's ability, regardless of his size for an international prop.

 

[oztimmay]

And when did he come Bernard instead of Bernard, which is how his name has been pronounced for at least the past five years? Just because he went to a private school he doesn't have to have an affected poncy version of his name.
.

Wow...how silly of me! I'll be sure not to stuff up the spelling of Bernard's name again.

 

[Bruce Ross]

My point, oztimmay, was not about the spelling of his name but the fact that the commentators appear to have united to change the pronunciation of it.
.

 

[rugbysmartarse]

Agreed that everyone will have specific detail for a contract, but for most places I have worked for employment agreements are fairly standard and it's just simply a matter of completing the pertinent information in the contract. If Sam and Brendan agreed to these terms I would have thought Sam would have had the new contract sitting in his Inbox by mid-afternoon that day.

I would imagine a pro sports contract would be more complex, involving clauses around injury, ability to go back and play for club, # of personal appearances etc. The LoI would have been the salary, sponsorship and length of contract, with the details to be decided between the lawyers in the contract.

 

[rugbysmartarse]

My point, oztimmay, was not about the spelling of his name but the fact that the commentators appear to have united to change the pronunciation of it.
.

Bruce Ross Ive heard he pronounces it bernard himself, and everyone has adopted this

 

[Braveheart81]

Ive heard he pronounces it bernard himself, and everyone has adopted this

You're taught to draw out your vowel sounds at lower north shore private schools.

Unfortunately being a Catholic School, they probably taught him that Rob Horne's name begins with a haitch.

 

[Braveheart81]

I would imagine a pro sports contract would be more complex, involving clauses around injury, ability to go back and play for club, # of personal appearances etc. The LoI would have been the salary, sponsorship and length of contract, with the details to be decided between the lawyers in the contract.

It also needs to be remembered that there is a player agent interposed in the middle of this arrangement. They are the one negotiating between both sides and create the extra level of distance which would be one reason why these LoI's exist.​

It's somewhat cynical, but from the agent's perspective they'd figure that the LoI is non-binding and it is in their player's interest to sign it knowing that it gives them one option for next year as well as providing them with a bargaining chip to play with their current employer.​

​

 

[Hugh Jarse]

./..snip../..

Unfortunately being a Catholic School, they probably taught him that Rob Horne's name begins with a haitch.

The 27th letter of the Alphabet in NSW.

On the lower North Shore, I'm sure that it is an haitch as well.