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FORUMS > Bradford Bulls > Split: Walker tries to block Orford deal
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Quote: nzwarriors.com "Actually that is incorrect for two reasons;

(A the offer which the Bulls would have sent would be an offer (with the terms and conditions attached) which is capable of being accepted. Whether the offeror has signed a document or not becomes irrelevant where both parties have intended to be bound aka "meeting of the minds" as per Adams v Lindsell. The acceptance of the offer would be at the moment of dispatch applying the postal rule Dunlop v Higgens. This would be at the moment Walker had sent the contract in the specified form.

(B the Court will not determine on the "balance of probabilities", but look at the contract objectively and how a reasonable person would have, or ought to have acted in those circumstances. Furthermore the "meeting of the minds" becomes a relevant consideration for the Court - Adams v Lindsell .'"

My legal experience is rusty, so forgive me if I'm barking up the wrong tree here, but Adams v Lindsell is primarily about contract dates with relation to the post, isn't it? In that case, both parties had signed the contract in question, but the issue came down to whether the contract was in force from the time the letter was posted or when it was received. Technology has changed somewhat since 1818, nowadays it's quite simple to fax/email a scan of the completed contract as confimation that it's been signed, or to phone (none of which were available in 181icon_cool.gif to confirm that it had been accepted.

Dunlop v Higgins on the other hand deals with the event that the signed contract never arrives through the loss of the post. In this case, again no-one has confirmed that the contract was actually signed by both parties. If it's the signing that's being disputed, as opposed to the sign contract arriving, neither precedent would be relevant.

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When you're a Bradford fan there's always a light at the end of the tunnel. Unfortunately it's usually an oncoming train:d7dc4b20b2c2dd7b76ac6eac29d5604e_7741.jpg



Quote: Adeybull "Can't think what I have done to justify your attitude, but no accounting for folk I guess. If it makes you happy.'"


Aww, turn that frown upside down Mr Rainyface icon_biggrin.gif

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Quote: Adeybull "But I increasingly doubt any mistake was ever made...if we DID sign a contract with, Walker I am assuming that it was a conscious decision to then go for Orford instead and in the full knowledge of (any) consequences. Basically as Walker and Orr said, even. And if we did not sign a contract (and I note the wording of the quote attributed to Stuart with interest in that regard) then it was Walker and Orr who screwed up. As indeed it will have been anyway if Bulls did not register any signed contract pretty well immediately and they never pursued it. But that is just supposition on my part.'"

But if a contract was signed, it had to be submitted within 48 hours. After that, we either wouldn't have been able to submit it, or else we would have faced some sort of penalty. As Orford came up months later (according to Walker's alleged signing date), his availability must be disregarded entirely from the matter.

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Quote: Oz-Bull "But if a contract was signed, it had to be submitted within 48 hours. After that, we either wouldn't have been able to submit it, or else we would have faced some sort of penalty. As Orford came up months later (according to Walker's alleged signing date), his availability must be disregarded entirely from the matter.'"


That's to satisfy the RLF Operating Rules and, I would guess, they'd expect any contract to be signed by both parties. (And as the RFL looked in to the case we can guess that it wasn't)

As to whether a contract had in actual fact been made between the Bulls and Walker (you don't need to have signed something to have made a contract)... that would be up to a court.

mat
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it was suggested to me by a fax fan today, that if walker is convinced he had a valid contract with us then that would mean we're due a transfer fee from catalans. icon_biggrin.gif icon_wink.gif

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Quote: mat "it was suggested to me by a fax fan today, that if walker is convinced he had a valid contract with us then that would mean we're due a transfer fee from catalans. icon_lol.gif

300 posts in 21 pages 
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