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| Quote nzwarriors.com="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 [uAdams v Lindsell[/u. The acceptance of the offer would be at the moment of dispatch applying the postal rule [uDunlop v Higgens[/u. 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 - [uAdams v Lindsell [/u.'"
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 1818) 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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| I want to know if he's had this offer since August and it had been "signed" why hadn't the club announced that we'd signed him?
Hood denied we were in for him, which is obviously garbage. However, why was he denying it?
Was he not wanting someone else to come in and up the ante as it hadn't been signed - or did we have wind of Orford at that point and he was hoping that Walker would get a better offer elsewhere.
I'm also interested to know whether we have applied for a visa for Walker. If his previous history is to go by and the experiences of other clubs in getting players over, I'd of thought we'd of applied ASAP as there could have been an issue. Glenn Halls was rejected due to a minor technicality, so someone like Walker who at the sounds of it has not been 100% perfect in the eyes of the law may have had trouble obtaining one.
At the sounds of it we've not tried to register him with the RFL either.
Personally I think he (Walker) has been hanging on to see if he could get a better deal elsewhere, we've taking the hump with him and had the opportunity to sign someone else and gone for that instead.
At this point he and his agent have realised they've made a boo-boo and are busy trying to kick up a fuss and get some cash out of it as he'll now have to accept a smaller contract elsewhwere as they got all the timings wrong.
Would be interesting to know from Walker if he's got any flights booked to the UK to come for pre-season! Or what date he thought he'd be coming. The rest of the new players are over by the ned of November I think.
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| The operating rules are clear... if the Bulls believed there to be a contract with the player they would have to notify the RFL and send tham a copy of the contract within 48 hours. If that had been done then the Bulls would not be able to say that a contract did not exist.
Clearly the Bulls did not believe there to be a contract in place. That leaves us with a LOI, a paper (?) contract sent to Walker, signed by him and returned to the club. What we are missing is whatever instruction accompanied the contract, (e.g. which could be something like "Please find enclosed a copy of the contract that you will be required to sign and return to the *employer* in the event that both parties wish to procede in this matter")
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"No worry for Bulls" according to this:
www.thetelegraphandargus.co.uk/s ... for_Bulls/
Peter Hood:
Quote No worry for Bulls“I was unaware of the comments made by Chris Walker’s manager as I have been away at the Super League convention.
“I have absolutely no comment to make on those matters. We made an announcement about Matt Orford’s signing on Monday and there’s nothing more to add to that.” '"
Mmmm, fairly non-commital.
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"No worry for Bulls" according to this:
www.thetelegraphandargus.co.uk/s ... for_Bulls/
Peter Hood:
Quote No worry for Bulls“I was unaware of the comments made by Chris Walker’s manager as I have been away at the Super League convention.
“I have absolutely no comment to make on those matters. We made an announcement about Matt Orford’s signing on Monday and there’s nothing more to add to that.” '"
Mmmm, fairly non-commital.
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| Quote Oz-Bull="Oz-Bull"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 1818) to confirm that it had been accepted.
'"
Adam v Lindsell implicitly recognized the meeting of minds in contract law. This is where the jurisprudence of the "offer" comes from. The postal rule is still valid for postal mail. It does not apply for emails or fax transmissions, but does for the old "snail" mail.
Quote Oz-Bull
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.'"
Dunlop v Higgins affirms Adams v Lindsall. Re-read the case.
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| Quote jim00="jim00"That leaves us with a LOI, a paper (?) contract sent to Walker, signed by him and returned to the club.'"
AFAIK a LOI does not need any counter-signing by the Acceptor (Walker) & returning. It would be good practice for him to acknowledge receipt however.
Actually thinking about it, I am not sure about who is the Acceptor. Presumably Walker is Offering his services, Bulls Accept. Hence the LOI is merely confirmation from the Bulls?
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| I am strongly inclined to agree with Bullpower on this. There's more than a slight whiff of a huge cock-up by Walker's agent. It seems he's now moving heaven and earth to rescue the financial side of this mess and to protect his 'business reputation' (if agents have any). I simply can't believe that we actually registered him with the RFL. It's becoming clearer that Walker didn't actually want to leave Oz so was probably keeping us on the back burner in case nobody Oz-side showed a big-dollar interest. That was unlikely given his reputation for simply chasing the $$$s - What did the Gold Coast chief say to him? "We are not an ATM". When did he sign this 'contract' - last Thursday??? Also, Orr has been quoted on this matter as saying "there has to be a duty of care". That's different to saying there has been a breach of contract. Something's just not right with Orr's version - I think basically the 2 of em buggered about for too long and now their game has gone tits up. Finally, maybe, just maybe we found out he wouldn't get a visa, which wouldn't be surprising given his past. If that was the case all bets would be off. Unless said contract was drafted by Binky the Clown.
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| Quote Bradford Badger="Bradford Badger"
Would be interesting to know from Walker if he's got any flights booked to the UK to come for pre-season! Or what date he thought he'd be coming. The rest of the new players are over by the ned of November I think.'"
Not sure when the ned of November is but usually overseas players arrive some time after xmas.
However we're playing a lot of early friendlies this year so the others might be over earlier.
There has been no mention of him whatsoever from the club though. As he's out of contract with his former club there would have been no reason why they shouldn't if the contract was signed, sealed and delivered!
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| Hopefully we'll have an announcement next week after the PA meet the RFL.
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| Quote Mission="Mission"Hopefully we'll have an announcement next week after the PA meet the RFL.'"
Won't mean anything - remember how the RFL ratified the Harris deal....................
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