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Taggs explanation

geoffwp

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Perhaps that was offered but the player declined it. The player rules unfortunately
Can't agree that it's "unfortunate ". Their career, their future, their decision. Would have thought any contract stipulating the player could move on a free but 'only to a higher league would be seen as restraint of trade in a courtroom.
 

Sexton Blake

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Can't agree that it's "unfortunate ". Their career, their future, their decision. Would have thought any contract stipulating the player could move on a free but 'only to a higher league would be seen as restraint of trade in a courtroom.
Surely not if that player was still contracted to the Club and worth something in the transfer market. I would suggest that such a clause would be seen as the Club being quite generous.
 

malcolms

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Can't agree that it's "unfortunate ". Their career, their future, their decision. Would have thought any contract stipulating the player could move on a free but 'only to a higher league would be seen as restraint of trade in a courtroom.
A contract can say anything it likes as long as its agreed...
 

Alistair20000

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A contract can say anything it likes as long as its agreed...
I think that goes too far Malcs. A contract that is contrary to public policy cannot be enforced and maybe that is what Geoff has in mind. Not sure if he is right or wrong mind.
 

geoffwp

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JMT is offered and signs a contract. If city are promoted he will stay on whatever terms he is offered in that contract. On the other hand if city do not achieve promotion he can leave on a free. Its the next bit that is contentious. Can the club direct where he can and cannot go? Regardless of him signing this contract I honestly do not think they would be able to enforce that particular part as I think it would be seen to be a restraint of his trade. Had he not signed he would have been free to leave anyway. He could argue that he signed expecting city to be promoted and that this would have had a positive effect on his career. City not achieving L1 status means this potential is not about to be fulfilled. He could then argue that MK, although same league, offered him that potential he had lost. The fact that it was MK, with all of the issues involved that we all know about, would be immaterial in court. Just my take on it and no, I didn't teach contract law, but I would be interested to hear the take of anyone who has contract law experience. legal eagles?
 
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The Proper Chap

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Geoff,

If you were a lawyer I'd be a client of yours, whether I was innocent or guilty I know you'd have my back until the very end !!

[G]
 
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geoffwp

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I've just got a vivid imagination PC and read far to many bleedin Grisham novels. (facepalm)
 

DanceMagnet

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Its the next bit that is contentious. Can the club direct where he can and cannot go? Regardless of him signing this contract I honestly do not think they would be able to enforce that particular part as I think it would be seen to be a restraint of his trade.
I’m no legal expert by any means, but Premier****e teams are doing this sort of thing all the time whereby they refuse to sell a player to one of their rivals. Hence, players are then forced to look overseas.
 

jrg333

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Can the club direct where he can and cannot go? Regardless of him signing this contract I honestly do not think they would be able to enforce that particular part as I think it would be seen to be a restraint of his trade.
Thing is, he wouldn't be signing a contract which restrained his trade per se; he'd be signing one with a bonus clause which says 'you can leave for free if certain terms are met'.

There are plenty of precedents of this type, at least reported by sky sports etc, i.e. players with contracts saying 'if a team in the Champions League offers X amount you can discuss terms'. The clause is a bonus for the player, an incentive to sign the deal.

It may not have been contested in a legal sense before but having a clause which says 'you can sign for X to a higher division team' is not without precedent in football.
 

tonykellowfan

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It is quite normal and legal to have restrictive clauses about future employment in an employment contract.

Such clauses have to be reasonable though otherwise they are not enforceable.
 
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