No more Davis threads - out for season

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  • connolly
    Registered User
    • Aug 2005
    • 2461

    Originally posted by ROK Lobster
    Really? How?
    If you don't cop the implied term of trust and confidence, the duty of fidelity and good faith is an implied term in employment contracts. The duty is an old one described by Lord Esher in Robb v Green [1895] 2 QB 315 "that the servant will act in good faith towards the master". The duty of good faith includes confidentiality but is not restricted to it. Sanders v Perry [1967] 1 WLR 753 is an interesting example of the principle where an employee solicitor was approached by a client to act for the client when he set his own practise up. It was held that he should have informed his employer of the client's offer. In addition in contract law, good faith and honesty are implied terms in a contract. Burger King Corp v Hungary Jacks Pty Ltd (2001) NSWCA 187 at [165] The issue is whether Davis breach of the contractual term goes to the heart of the contract. It probably does and therefore the contract could be terminated if the club wanted to.
    Bevo bandwagon driver

    Comment

    • Mogg0
      On the Rookie List
      • Sep 2006
      • 211

      Originally posted by DeadlyAkkuret
      Yeah, Davo isn't the best man for the camera.
      Looked scared @@@@less and a little fat, but doesn't seem like a bad bloke at all. Very shy and meek, but I hope he's at the Swans next year.
      Grandson of South Melbourne legend Keith Schaefer.

      Comment

      • DeadlyAkkuret
        Veterans List
        • Oct 2006
        • 4547

        Originally posted by Mogg0
        Looked scared @@@@less and a little fat, but doesn't seem like a bad bloke at all. Very shy and meek, but I hope he's at the Swans next year.
        Yep, seems like he's actually quite shy and probably a pretty nice person. I would love to see him kicking goals for the Swans in 2009.

        Comment

        • bedford
          forward coach
          • Nov 2007
          • 362

          Originally posted by ash3
          Its by hutchy but, who we all know is a no talent ass clown.
          thats why he's got the gig on the footy show,good story as they have been for a few weeks

          Comment

          • ash3
            On the Rookie List
            • Jan 2008
            • 195

            Originally posted by bedford
            thats why he's got the gig on the footy show,good story as they have been for a few weeks
            Good story? No new information. Just recycles old news. Big deal.

            Comment

            • ROK Lobster
              RWO Life Member
              • Aug 2004
              • 8658

              Originally posted by connolly
              If you don't cop the implied term of trust and confidence, the duty of fidelity and good faith is an implied term in employment contracts. The duty is an old one described by Lord Esher in Robb v Green [1895] 2 QB 315 "that the servant will act in good faith towards the master". The duty of good faith includes confidentiality but is not restricted to it. Sanders v Perry [1967] 1 WLR 753 is an interesting example of the principle where an employee solicitor was approached by a client to act for the client when he set his own practise up. It was held that he should have informed his employer of the client's offer. In addition in contract law, good faith and honesty are implied terms in a contract. Burger King Corp v Hungary Jacks Pty Ltd (2001) NSWCA 187 at [165] The issue is whether Davis breach of the contractual term goes to the heart of the contract. It probably
              With all due respect, which is precious little, you have no idea what you are talking about. You do not understand the principle of confidentiality, nor the principles of good faith and honesty. I am not going to explain them to you, because I am lazy
              Last edited by ROK Lobster; 25 July 2008, 09:02 AM.

              Comment

              • Jewels
                On the Rookie List
                • Oct 2006
                • 3258

                Originally posted by ash3
                Good story? No new information. Just recycles old news. Big deal.
                Yes, it was recycled old news to us, but it was good to see Davies in the flesh, telling the world that he wants to be here next year and also that there is no problems between he and Roosy.
                I know he would never say anything else, but it was still good to hear it come out of his mouth. It gave me a bit more hope that his time in the red and white isn't over yet.

                Comment

                • AnnieH
                  RWOs Black Sheep
                  • Aug 2006
                  • 11332

                  Originally posted by Jewels
                  Yes, it was recycled old news to us, but it was good to see Davies in the flesh, telling the world that he wants to be here next year and also that there is no problems between he and Roosy.
                  I know he would never say anything else, but it was still good to hear it come out of his mouth. It gave me a bit more hope that his time in the red and white isn't over yet.
                  Like there was no problem between Wankermanis & Matthews!!
                  Wild speculation, unsubstantiated rumours, silly jokes and opposition delight in another's failures is what makes an internet forum fun.
                  Blessed are the cracked for they are the ones who let in the light.

                  Comment

                  • ernie koala
                    Senior Player
                    • May 2007
                    • 3251

                    Originally posted by Jewels
                    It gave me a bit more hope that his time in the red and white isn't over yet.
                    I hope he stays, but think it will probably come down to what he's worth at the trade table. If no other clubs are willing to give up anything meaningful, he'll probably stay. If it's a 2nd round pick or a half decent player on offer, I reckon they'll let him go.
                    Whenever you find yourself on the side of the majority, it's time to pause and reflect... MT

                    Comment

                    • Jewels
                      On the Rookie List
                      • Oct 2006
                      • 3258

                      Originally posted by AnnieH
                      Like there was no problem between Wankermanis & Matthews!!
                      Difference is that Acker and Leigh were sniping at each other well before the final blow up. Davis and Roosy however, have this week both come out and said there is no problem between them and that they get on fine.

                      Comment

                      • Lohengrin
                        On the Rookie List
                        • Jul 2008
                        • 641

                        Originally posted by Jewels
                        Yes, it was recycled old news to us, but it was good to see Davies in the flesh, telling the world that he wants to be here next year and also that there is no problems between he and Roosy.
                        Agreed. He's been saying all along that he wants to stay at the Swans. He only mentioned the Eagles as an option if it doesn't work out at the Swans. Seems to have been some deliberate misinterpretation of that. Good it has been clarified.

                        Comment

                        • Plugger46
                          Senior Player
                          • Apr 2003
                          • 3674

                          Originally posted by ernie koala
                          I hope he stays, but think it will probably come down to what he's worth at the trade table. If no other clubs are willing to give up anything meaningful, he'll probably stay. If it's a 2nd round pick or a half decent player on offer, I reckon they'll let him go.
                          I really hope he stays. I reckon he's worth more than a 3rd round draft pick and then taking a punt on a kid. In saying that though, I'd be surprised if we get a trade for him so I think we'll probably keep him.
                          Bloods

                          "Lockett is the best of all time" - Robert Harvey, Darrel Baldock, Nathan Burke, Kevin Bartlett, Bob Skilton

                          Comment

                          • SimonH
                            Salt future's rising
                            • Aug 2004
                            • 1647

                            Originally posted by ernie koala
                            I hope he stays, but think it will probably come down to what he's worth at the trade table. If no other clubs are willing to give up anything meaningful, he'll probably stay. If it's a 2nd round pick or a half decent player on offer, I reckon they'll let him go.
                            It's a lovely theory. Unfortunately, I think that if we are offered a 3rd rounder for him, we'll jump at it. I can't see any prospect that we will be swapped a player for him. And if we're offered nothing for him, there's a fair chance we'll just let him go. Hope I'm wrong. But the near-enough-to-inevitable promotion of MOD and Nick Smith will make things very tight, even if all 3 of Spida, Crouch and Mathews retire.

                            Even if you forget all of the 'tude issues: name a single player older than about 24yoa during Roos' reign who has played more reserves than league in a year, and not been delisted, retired or traded at the end of that year. (The 2008 Nic Fosdike is likely to be the first to break that rule, but just because it's broadly believed he would be a first 22 pick if fully match-fit.)

                            Comment

                            • connolly
                              Registered User
                              • Aug 2005
                              • 2461

                              Originally posted by ROK Lobster
                              With all due respect, which is precious little, you have no idea what you are talking about. You do not understand the principle of confidentiality, nor the principles of good faith and honesty. I am not going to explain them to you, because I am lazy
                              And humble. When you get the energy you can explain why those venerable precedents have no relevance to good faith and honesty. Honestly
                              Bevo bandwagon driver

                              Comment

                              • ash3
                                On the Rookie List
                                • Jan 2008
                                • 195

                                Just heard that Hutchinson's Western Bulldogs story was also incorrect.

                                The guy is a twit.

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