Tearing up contracts.
I was speaking to my mate Tom the other day and he made a very good observation in the Tevaz Vs Spammers case about contracts. He wondered how you can just tear up a contract legally. Yeah, Egbert could well have dug out the contract from the dodgy filing cabinet left over from Redknapp's days and put it through the shredder but if that was legal we would all be doing it.
To start with I have decided to tear up my mortgage contract with the bank. Ha, Mr Bank Manager -you thought I owed you many of thousands of pounds and you owned my house but not anymore! I have torn up my contract! Mwahahahahha!
Next, the credit cards - I no longer owe you any money at rip off rates because I have torn up the credit agreement!
The list is endless and we could all soon be owning our houses, cars, luxury yachts, private jets and small islands by fooling banks into lending us money before tearing up our contracts!
Of course, why doesn't Tevaz just tear his contract up with West Ham and then he could join Man Utd whenever he likes!
What a farce - The Premier League have dug themselves a hole and it just keeps on getting bigger - The Spammers should have been relegated months ago and they have got away with it with very dodgy dealings at the least. Relegate them now!
COYS!
posted by Paxton Road at 5:08 PM
24 Comments:
Too right the cunts should have been sent down. I hope they get done this time and those cock sucking spammers can watch league 1 football. They're just a small club with shit support
5:44 PM, July 24, 2007
You're right, this whole 'tearing up an agreement' thing is a joke, the FA have been shown up for believing that the 3rd party agreement would no longer have any effect.
If Man U want to sign Tevez they should ignore MSI and pay WHU the money. It'll then be up for Joorabchian to sue West Ham and get the money he is owed.
6:00 PM, July 24, 2007
Greg, ti don't work that way.
Joorabchian probably had all the documents to proof that he hold all economic rights of Tevez.Spammers had unilaterally tored up their part of the contracts.
Put it this way.It's as if I had only tored up the photocopy of the original documents of my mortgage loan.That explain also why Joorabchian refused to appear before the independent commission last month as he wants to settle this matter privately with West Ham.
The idiots at premier league had taken the decietful words of spammers at face value and now they had really dug a hole for themselves.
Now that the case go into arbitration, all worms in the cans will be exposed.
I say the spammers start next season with points deduction if proven guilty of cheating.Ban them from Europe for next 5 years
6:22 PM, July 24, 2007
I agree the whole situation is bollocks but the analogy you used was pretty bad. If you read your loan agrement it says the bank owns the house and you are paying for it over a period of time.
6:35 PM, July 24, 2007
Banning W Ham from Europe for the next 5 years??? Thats like banning Brighton from the Champions League......or banning someone with no licence from driving for 6 months.... THey wont get there in the 1st place!!! Relegate them or deduct points from start of this season...
6:40 PM, July 24, 2007
no need to ban them from europe lol, thats like banningbarnet from the premiership, we all no it aint gunna happen lol
6:49 PM, July 24, 2007
It's no good banning them from europe, those twats will never make it. They should be banned from Gay sex, that'll really hurt them
7:13 PM, July 24, 2007
West Ham are claiming they are entitled to tear up the contract because it is illegal and an unreasonable restraint of trade. If the contract is void, however, the parties should then be restored to the position before the contracts were entered into, as far as this is possible. This will be further complicated by the fact that West Ham received Tevez' registration from Corinthians, not MSI, but there seems no basis on which West Ham will be entitled to keep the player's registration.
I hope this helps.
7:18 PM, July 24, 2007
The only thing wet spam have been tearing up is their own rectums.
7:21 PM, July 24, 2007
What I don't understand is how Liverpool and Man U can now sign these two ringers on loan from third party MSI with the full blessing of the Premier League. Isn't that what the Hamsters just got fined for?
7:32 PM, July 24, 2007
A lot of jealous kids on here, isn't it near your bedtime????
Anyways, when you North London Gypseys are as big as West Ham and can attract players like Tevez in the first place come back and talk, in the meantime lock up your daughters, you know what I mean Dawg......
7:33 PM, July 24, 2007
You spammer shit stabbers won't be giving any shit when the FA kicks you out the league. That Bald headed cock sucker of a chairman of yours is shitting his pants right now.
8:06 PM, July 24, 2007
Shouldn't you be in bed reading your Harry Potter book like a typical Spurs Nerd????
8:17 PM, July 24, 2007
It is an interesting point that WH might claim the contract is illegal and an unreasonable restraint of trade. If it is, why did they enter into it. They would appear to have no defence under UCTA as their bargaining position was strong and they presumably had legal advice. There are some who might claim that the footballers in question were first offered to other teams who took legal opinion and turned them down. WH perhaps took a gamble and it failed. Where I think it all went pear shaped is when the independant panel concluded that a points deduction was warranted but would be unfair to the supporters as it was so near to the end of the season. The league can quite rightly hide behind this panel's decision and claim that they are not liable for expert opinion which turns out to be less than expert.
8:34 PM, July 24, 2007
Should'nt you be in the cottaging in the public toilets, you spammer clown
8:37 PM, July 24, 2007
Fifa early today recommended that the Tevez dispute should go to the Court of Arbitration for Sport.
But, Tevez's representative Kia Joorabchian has gone to court over the striker's move to Man U.
A High Court writ was served on West Ham's solicitors by lawyers acting on behalf of Joorabchian's companies MSI and Just Sports Inc.
The companies and Joorabchian claim they own the economic rights to Tevez though that is disputed by West Ham.
According to Lawyers.com:
Notice of the termination of a contract may be given according to the terms of the contract. For example, the parties may agree in a contract that it can be terminated in a particular way, such as one party giving the other party written notice that the contract is terminated. Following the provision contained in a contract as to how it can be terminated will ordinarily terminate the contract.
The actual termination clause in the Tevez contract/s on ownership/ econmic rights may be similar.
The High Court Judge will rule on who owns Tevez and what bearing the owners of the economic rights have on who owns him.
Depending on what the Judge decides, the micoroscope should turn on Javier Mascherano because he is likely to be have been under the same/similar ownwership/ economic rights contracts.
But this surely puts both the FA and the Premier League to shame, as months ago they said that the contract (on the ownership of Tevez) held by Joorabchianon was terminated by Joorabchianon (and West Ham?).
But what about the economnic rights - Surely the FA and the Premier League had access to lawyers to advise them on this issue? Complete mess!!!
10:07 PM, July 24, 2007
Mascherano's contract is different in that it is a simple loan with an option at the end of the player's contract rather than a long contract that can be terminated by MSI at any time.
If the contract is held to be void as a matter of law, West Ham do not need a defence to terminate it. The effect of a void contract is that the parties are to be treated as though the contract does not exist and never existed. In which case the player's registration will have to be returned.
10:48 PM, July 24, 2007
NO. Contracts need to have a termination clause in them, and terminated by both parties.
10:53 PM, July 24, 2007
Not if they're void.
11:39 PM, July 24, 2007
Is it true that gay times are running your fanzine next season - it's going to be called we love a bit of Bent????
11:49 PM, July 24, 2007
Yes it's true.
It's also true that Arsene Wenger is a paedophile.
2:15 AM, July 25, 2007
west ham = mouthy wankers
ethnic club
10:09 AM, July 25, 2007
"If the contract is held to be void as a matter of law, West Ham do not need a defence to terminate it. The effect of a void contract is that the parties are to be treated as though the contract does not exist and never existed. In which case the player's registration will have to be returned."
In which case Tevez should be considered as not being registered with West Ham in every game played after the original hearing surely?
Not that it matters - if they don't get sent down this season they will before the next.
5:40 PM, July 25, 2007
can I just say that I am glad petrov went to city...money grabbing twat!
7:55 AM, July 27, 2007
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