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Thread: Force set to be axed

  1. #496
    Champion MI5_Dog's Avatar
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    Quote Originally Posted by Alison View Post
    I'm no lawyer
    me either
    Quote Originally Posted by Alison View Post
    but if the agreement is a contract and one of the parties to it simply breaks it, surely all the courts can do is decide on damages? They can't overturn the 'breaker's' decision to withdraw from the contract can they? Bit like buying a house - I can break the contract I entered into to buy the house and all the other side can do is claim damages from me. Or am I being way too simplistic here??!
    The other party can apply to the courts to stop you from breaking the contract and force you to buy the house. If you then still decide not to buy the house then the court can punish you for not doing what the court has told you to AND the other side can claim damages.
    If this were the case you may still end up buying the house (the court told you to as punishment) and paying damages.

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  2. #497
    Legend Contributor Alison's Avatar
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    Ah ok - that makes more sense! Thanks Dog :-)

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  3. #498
    Champion MI5_Dog's Avatar
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    Quote Originally Posted by Alison View Post
    Ah ok - that makes more sense! Thanks Dog :-)
    I am not a lawyer and I suspect there are a few lawyers reading this and laughing very loudly at my ignorance.

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  4. #499
    Legend Contributor Alison's Avatar
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    Quote Originally Posted by MI5_Dog View Post
    I am not a lawyer and I suspect there are a few lawyers reading this and laughing very loudly at my ignorance.
    Ditto! Lol

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  5. #500
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    Quote Originally Posted by MI5_Dog View Post
    ...The other party can apply to the courts to stop you from breaking the contract and force you to buy the house. If you then still decide not to buy the house then the court can punish you for not doing what the court has told you to AND the other side can claim damages.
    If this were the case you may still end up buying the house (the court told you to as punishment) and paying damages.
    All FUARU needed was to read....and comprehend....Aesops fables. Bit like the Force contract. They either didn't read it, or didn't comprehend it. Orrrrr... their version of Sir Humphrey "forgot" to mention that part when briefing them on the "cull" (what delightful terminology they employ).

    Perhaps watching The Euro Sausage episode on Yes Minister would give then greater clarity of mind than reading Aesop. Perhaps not

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  6. #501
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    I'm not a lawyer either, but I did study commercial law at Uni.

    I believe, and I'm happy for any of our learned colleagues to elaborate further, that the Force will be seeking an injunction (orders directing a party NOT to do something, like axe the Force), or an award of specific performance (an order directing the breaching party to abide with the terms of the contract - i.e keep the Force in the comp as agreed in the Alliance Agreement).

    There has been an overall disregard of this in the eastern states press and definitely by the ARU. What happens when the court awards specific performance to the Force and Rebels? Which protected specie gets the chop?

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  7. #502
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    Quote Originally Posted by blindsid3 View Post
    What happens [if] the court awards specific performance to the Force and Rebels? Which protected species gets the chop?
    The suits outnumber the boots on the ARU Board - so even allowing for a generous allocation of joint and several incompetence, how the heck have they managed to get themselves into this position?

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  8. #503
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    Quote Originally Posted by FingerTips View Post
    how the heck have they managed to get themselves into this position?
    They thought we would roll over and take it

    They thought that the ownership of the license was enough

    They didn't read the alliance agreement before signing it

    They can't find their arse with a GPS

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    C'mon the

  9. #504
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    Quote Originally Posted by GIGS20 View Post
    They thought we would roll over and take it

    They thought that the ownership of the license was enough

    They didn't read the alliance agreement before signing it

    They can't find their arse with a GPS school
    Fixed it forya

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  10. #505
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    http://www.rugby.com.au/news/2017/04...ce-aru-meeting

    Australia’s Super Rugby limbo is set to drag on, with the Force unlikely to be meeting with the ARU on Thursday, despite the club earmarking a request last week.

    The Force requested a meeting with the ARU, announcing their move on a statement last Friday night, slating Thursday April 27 as the date for the two parties to 'discuss a possible resolution' but it seems the two couldn’t agree on the details.

    There is still the possibility of a phone hookup, but with no developments late on Wednesday night, even that seems unlikely.

    With possible legal threats on the horizon from both the Force and the Rebels, the decision doesn’t look to be coming any time soon.

    The sticking point with the WA franchise, according to that statement, is that under ‘current arrangements’ the Force is entitled to a Super Rugby spot until December 30 2020.

    SANZAAR has an executive meeting on May 10 but it is believed there is no deadline for the ARU to bring a final decision to that meeting, after agreeing in principle to a 15-team competition earlier this year.

    South Africa is far off making a call on which of its two teams will be set for the axe, with its process believed to be working towards a resolution around the end of June.

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  12. #507
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    So the ARU have battened down the hatches and stalling for time, which means perhaps they're struggling to consolidate all the Board members. Bet there's some great bitch fights going on in there! Surely they should be thinking on some proactive/positive communication between all parties to come together and nut out a solution? But no.......... it's Wayne's World. Seems they've all run away to their hidey holes until Mummy makes it go away.

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  13. #508
    Legend Contributor Alison's Avatar
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    It just gets worse and worse as the days tick on. There can be no winners in any of this; only losers.

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  14. #509
    Veteran Sheikh's Avatar
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    I wonder if, even if we win and the Force is retained, there won't be a near-terminal breakdown of relationship with the ARU which will mean we're screwed of ever getting an even break.

    Still, positive waves, eh?

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  15. #510
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    From a Wayne smith article it seems like the ARU aren't even talking internally, some directors haven't been contacted in over a week.

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