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| Quote Magic Superbeetle="Magic Superbeetle"But his value isn't reflected by those offers, precisely because Castleford rejected them, which means a court settling a breach of contract can consider them null. Assuming his contract has no buy out clause, the only value the matters is the value of the contract.
Good luck trying to prove repudiatory damage, the only winners there are lawyers.
Sadly I can only see Cas losing out on the big offers they had for Solomona, for a middle of the road sum being "paid" by Solomona (which will be paid as a part of his new contract with Sale).'"
Perhaps. Although it could be argued that as Castleford declined these offers, Solomona's value is actually higher!
If what is rumoured is true, it's suggests Solomona has committed the repudiatory breach. As such, Castleford are entitled to dismiss him but still make a claim against him for breach of contract leading to financial loss. As you say though, it's expensive for both the claimant (Castleford) and also the respondent (Solomona).
Like you, I can see the clubs agreeing to a outcome which sees Castleford receiving a decent but not astronomical fee.
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| Quote nottinghamtiger="nottinghamtiger"Perhaps. Although it could be argued that as Castleford declined these offers, Solomona's value is actually higher!
If what is rumoured is true, it's suggests Solomona has committed the repudiatory breach. As such, Castleford are entitled to dismiss him but still make a claim against him for breach of contract leading to financial loss. As you say though, it's expensive for both the claimant (Castleford) and also the respondent (Solomona).
Like you, I can see the clubs agreeing to a outcome which sees Castleford receiving a decent but not astronomical fee.'"
The problem with both respects of the claim by Castleford is that it's not the courts responsibility to value the player/ damages. Castleford can put whatever value they want on the player, but they can't prove it because they don't have any bidders at that price! As such, it reverts back to the contract value.
Similarly, my first thought on how to quantify reputational damage would be through season ticket sales - but there's no like for like comparison. The signing of Hardaker, the retirement of Dorn, etc will all affect that, so I doubt a court would take that as evidence. All roads lead back to the contract value of the breach.
It's a sad situation, and there's unlikely to be any real winners in it. The biggest danger of reputational damage would be Castlefords decision to take it to court as it would hit their ability to recruit (I'd imagine.) Hopefully it can be resolved before it gets to that.
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| Quote Magic Superbeetle="Magic Superbeetle"The problem with both respects of the claim by Castleford is that it's not the courts responsibility to value the player/ damages. Castleford can put whatever value they want on the player, but they can't prove it because they don't have any bidders at that price! As such, it reverts back to the contract value.
Similarly, my first thought on how to quantify reputational damage would be through season ticket sales - but there's no like for like comparison. The signing of Hardaker, the retirement of Dorn, etc will all affect that, so I doubt a court would take that as evidence. All roads lead back to the contract value of the breach.
It's a sad situation, and there's unlikely to be any real winners in it. The biggest danger of reputational damage would be Castlefords decision to take it to court as it would hit their ability to recruit (I'd imagine.) Hopefully it can be resolved before it gets to that.'"
Yes, but if the bids were all 200k+ (as rumoured) then it provides a guideline.
It is exactly the ET's role to determine the financial loss suffered by Castleford, based on the evidence provided.
However, they would need to decide that Solomona breached his contract first.
The biggest winners are the legal professionals, though.
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Player Coach | 3829 | Cronulla Sharks |
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| It'll probably end up with Solomona going to Sale, for an undisclosed fee.
Followed by endless speculation as to how much it was & various posters claiming to know the gospel truth.
Oh well, it is the off-season, crack on.
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International Star | 5123 | Castleford Tigers |
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| Quote The Devil's Advocate="The Devil's Advocate"Followed by endless speculation as to how much it was & various posters claiming to know the gospel truth.'"
As CTRLFC is a private limited company with share capital the shareholders will always find out.
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| Rangi Chase retired at Leigh, Leigh agreed to release him.
Marc Sneyd asks Salford for a move Salford tell Marc Sneyd he had to honour his contract Snead goes out on loan, later to be sold.
Theo Farges asks to leave Salford Salford say no and put a record fee on Farges Farges puts a sicknote in and never plays another game. Signs for Saints for a undisclosed fee.
Think there's a trend here that will be replicated with Solomon a.
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Player Coach | 7050 | Castleford Tigers |
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Cas have now instructed Nick Randall QC with the backing of the RFL: www.yorkshireeveningpost.co.uk/s ... -1-8255758
Looks like Sale are arguing that Denny has 'retired' from RL, giving them a freebie. No wonder the RFL are backing this - has such huge implications if players are allowed to do this.
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Cas have now instructed Nick Randall QC with the backing of the RFL: www.yorkshireeveningpost.co.uk/s ... -1-8255758
Looks like Sale are arguing that Denny has 'retired' from RL, giving them a freebie. No wonder the RFL are backing this - has such huge implications if players are allowed to do this.
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Player Coach | 6315 | Wakefield Trinity |
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| The loss to Cas is the cost of replacing a record-breaking winger. There is clearly a quantifiable loss. Good luck to Cas, and Denny has been stupid and greedy.
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Club Owner | 36149 | Wakefield Trinity |
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| Hate to say it but I feel for Cas on this one, it's a dirty trick whichever way you look at it - hope it breaks the bloke tbh and I also hope Cas never allow him to represent them again. I know it's difficult to sideline an asset like this but a line has to be drawn.
We did it last year (lesser degree of talent I accept) with Tim Smith and Kevin Lock and it worked out rather well.
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| I think Denny Solomona will be a worried man. If all is as it seems, he has clearly breached his contract. This has led to a financial loss to Castleford Tigers. The club can pursue him as an individual for this financial loss (which will be significant).
He will need a lot of money for legal costs (ten of thousands), and a massive amount if he loses (hundreds of thousands). I don't expect Sale will be willing to foot the bill for a player who has never played RU. Indeed, paying his legal costs will likely count on their salary cap.
Castleford may take action against Sale, but they are a more difficult proposition and can afford top lawyers too. Solomona as an individual is an easy target.
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| Quote nottinghamtiger="nottinghamtiger"This has led to a financial loss to Castleford Tigers.'"
How much and from what sources?
Falling season ticket sales? It would be very easy for a lawyer to imply signing a player with a known history for homophobic behaviour (which he was banned for) may impact this - meaning you can't claim this is a source of financial loss is due to Solomona's actions.
Sponsorship and commercial deals? Again, the above arguments apply, along with the obvious economic arguments that this year will be weaker than last year. Of course, there would be more feedback on this front, so its the best hope.
Shirt sales? I am starting to struggle now, and I am not sure how I would even begin proving a link, other than for some of the worlds biggest footballers.
Unfortunately for Castleford, the only claims that would easily be proved is breach of contract - which would be valued at the cost of the contract. He had 2 years left, so it won't be an embarrassing sum, but it will hardly be the megabucks that Cas were being offered prior to him walking out either.
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