Tyrone starlet signs Swans deal / Coney staying in Ireland

[satchmopugdog]

So much light hearted fluff...when are we going to get some serious discussion going on this board

[ROK Lobster]

I won't answer the straw man arguments. If you read my first posts i actually said specific performance will not be ordered for employment contracts. Injucntions can and have been ordered against employees that have broken contracts, either restricting or preventing them working against the interests of their former employer. Look them up at austlii. The issue of whether the contract is fixed term or not is irrelevant to the issue of exemplary damages.
Exemplary contracts are ordered as punitive damages on public policy or interest grounds.
If you had read my argument i was proposing that damages be sought against those who induced the breaking of the contract. That of course would depend on the evidence of the role of Tyone, the GAA or Cavanaugh (who is on the public record as encouraging Coney not to play for us). Again if you had read my argument i had said there is a point in suing on the tort of infucing breach of contract. Your consciousness stream doesn't even discuss this. So are you saying that there is no precendent for exemplaray damages for the tort of inducing breach of contract? Try Woolley v Dunford (1972) 3 SASR 243 at 290-1; Ansett Transport Industries (Operations) Pty Ltd v Australian Federation of Air Pilots (1991) 1 VR 637 at 659. Both the contract breaker and the tortfeasor can be sued to judgment, although there can not be double recovery, Jones Bros (Hunstanton) Limited v Stevens [1955] 1 QB 275 at 283. Exemplary damages could be sought on the basis that all contracts are jeopardised by offering inducements to break contracts. With respect you have completely missed the point. Exemplary damagaes are not available for contract breach. There are for damages in tort. The principles are set below. Whether the actions of Tyrone, Cavanugh or the GAA meet the standard is a matter of evidence not precedent.

X L Petroleum (NSW) Pty Ltd v Caltex Oil (Australia) Pty Ltd [1985] HCA 12; (1985) 155 CLR 448 at 471; Lamb v Cotogno [1987] HCA 47; (1987) 164 CLR 1 at 8-9. But as was explained by Windeyer J in Uren v John Fairfax and Sons Pty Ltd [1966] HCA 40; (1966) 117 CLR 118, at 153, "[E]xemplary damages must always be based upon something more substantial than a jury's mere disapproval of the conduct of a defendant." Accordingly, an award of this type will be "unusual and rare": Coloca v BP Australia Ltd [1992] 2 VR 441 at 448.To be damnified by punitive damages, the defendant's conduct must be "outrageous" (Cassell & Co Ltd v Broome [1972] UKHL 3; [1972] AC 1027, at 1089 per Lord Reid) or must be conduct "which shocks the tribunal of fact, representing the community" (Gray v Motor Accident Commission [1998] HCA 70; (1998) 196 CLR 1 at 35, per Kirby J) or his behaviour must be "in a humiliating manner and in wanton or reckless disregard" of the plaintiff's welfare (Backwell v AAA [1997] 1 VR 182 at 203). In this connection, reference should also be made to the description of exemplary damages in McGregor on Damages (16th ed, 1997) at para 430:

"The primary object of an award of damages is to compensate the plaintiff for the harm done to him; a possible second object is to punish the defendant for his conduct in inflicting that harm. Such a secondary object can be achieved by awarding, in addition to the normal compensatory damages, damages which are variously called exemplary damages, punitive damages, vindictive damagesor even retributory damages, and comes into play whenever the defendant's conduct is sufficiently outrageous to merit punishment, as where it discloses malice, fraud, cruelty, insolence or the like."
See also Prosser & Keeton on Torts (5th ed) 1984 at pp 9-10:

"Something more than the mere commission of a tort is always required for punitive damages. There must be circumstances of aggravation or outrage, such as spite or `malice', or a fraudulent or evil motive on the part of the defendant, or such a conscious and deliberate disregard of the interests of others that the conduct may be called wilful or wanton."

A little knowledge has always been a dangerous thing. On-line law reports and the internet marketing materials of mid-tier firms have increased the danger ten-fold.

The law needs to be read in context. The cases you refer to are not even close. Don't extend your modest endeavours to the giving of legal advice without having a lawyer read the terms of your PI insurance.

[Wardy]

A little knowledge has always been a dangerous thing. On-line law reports and the internet marketing materials of mid-tier firms have increased the danger ten-fold.

The law needs to be read in context. The cases you refer to are not even close. Don't extend your modest endeavours to the giving of legal advice without having a lawyer read the terms of your PI insurance.

I can assist with the PI Insurance claim!!!

[ROK Lobster]

I can assist with the PI Insurance claim!!!

If he has some, the relevant risk analysist may have some questions to answer.

[Cardinal]

Although if you are part if illegal strike action in withdrawing your labour both you and your union could be fined

[stephenite]

Hurling is no hobby. For those who dont know the mighty Cork hurling squad went on strike and the football team joined in as well. The players stuck together in 2002 for better conditions including doctors at all games, travel costs and gyms. The Cork players won and sport in Ireland has been greatly improved as a consequence of their principled action. Last season the Cork hurlers and footballers took on the GAA, went on strike for 100 days and again won the issue over selection of the selectors. Strong men play for Cork. But in the north its a different story and the unweened whimp Coney fits in well with the shafters. Tyrone had urged the GAA not to recognise the Gaelic Players Association during the Cork strike last season. Not only do they break contracts but they try to break strikes.

And now your just talking bollocks

Strong men indeed, when in reality there are a couple of senior has beens pushing an agenda that keep them in control, players on a committee picking a manager? Consultation is good and well, but actually giving them a say?

Only in somewhere in Cork could it happen

[ugg]

http://www.independent.ie/sport/gaelic-football/harte-pressured-coney-to-turn-down-afl-career-1597782.html

[stellation]

And now your just talking bollocks

Connolly has talking bollocks?

[DST]

http://www.independent.ie/sport/gael...r-1597782.html

If I was a betting man, I would throw $100 on Coney being at the Swans sometime by the midway point of this season.

I can understand if the decision has been made of his own, but it does not look to be the case and within 6 months he will be thinking what if.

The club has played this well, destorying no bridges and letting him come back in his own time.

DST

[T-bag]

Come out by all means and have a look, take in the sights etc, etc. But don't sign a contract FFS. Its stopped another kid getting a chance, stuffed everyone around and put unnecessary costs on a club that has to make money to survive.

That's the issue here, not some soppy BS that the little squib was pining for the home country

Who cares why he went home. The fact is that he squibbed on his commitments. Not much of a man in my eyes.

Tyrone Man pfft

[connolly]

A little knowledge has always been a dangerous thing. On-line law reports and the internet marketing materials of mid-tier firms have increased the danger ten-fold.

The law needs to be read in context. The cases you refer to are not even close. Don't extend your modest endeavours to the giving of legal advice without having a lawyer read the terms of your PI insurance.

Yes and it would be helpful if we were in the same conceptual post code. I have raised the issue of damages in tort and have had an argument thrown over the fence that relates to contract law. Context and same fact situations are not the same thing either.The cases I refer to are precedent for the awarding of exemplary damages as a consequence of the tort of inducement to breach contract.

[connolly]

And now your just talking bollocks

Strong men indeed, when in reality there are a couple of senior has beens pushing an agenda that keep them in control, players on a committee picking a manager? Consultation is good and well, but actually giving them a say?

Only in somewhere in Cork could it happen

And only in Ulster would a sporting association attack the right of a players union to be recognised as a negotiating agent during a dispute. The attack by Tyrone on the right of unions to negotiate was disgraceful. And they are the same scab mob that encouraged Coney to break his contract.

[connolly]

http://www.independent.ie/sport/gael...r-1597782.html

There is evidence that Tyrone and or its agents induced the kid to breach his contract. Sue the scabs. And go the mighty red and whites - Cork that is.

[ROK Lobster]

Yes and it would be helpful if we were in the same conceptual post code. I have raised the issue of damages in tort and have had an argument thrown over the fence that relates to contract law. Context and same fact situations are not the same thing either.The cases I refer to are precedent for the awarding of exemplary damages as a consequence of the tort of inducement to breach contract.

As you said, punitive damages may be awarded

whenever the defendant's conduct is sufficiently outrageous to merit punishment, as where it discloses malice, fraud, cruelty, insolence or the like.

Those are strong words. The are a long way from the very minor disagreement here. It would be laughed out of court (if you could find a lawyer stupid enough to take it in). You are making a fool of yourself, again. Go back to your true crime, the cut and thrust of the commercial world seems beyond you.

[SimonH]

I won't answer the straw man arguments....

"Something more than the mere commission of a tort is always required for punitive damages. There must be circumstances of aggravation or outrage, such as spite or `malice', or a fraudulent or evil motive on the part of the defendant, or such a conscious and deliberate disregard of the interests of others that the conduct may be called wilful or wanton."

You've certainly established that the phrase "It's trite law that..." is overused for a reason.

Trotting out the trite law, does nothing to establish that the Swans stand to be beneficiaries of it. In fact, your case at its highest seems to be that it would be "unusual and rare" that we'd be doing anything other than pissing money away. The case of Jones Brothers (Hunstaton) Ltd v Stevens that you cite, points the wrong way for you: it's used by the author of An Analysis of the Economic Torts as a case study in 'no damage from the inducement to breach because the employee didn't want to come back anyway'.

You've gotten so bogged down in cutting & pasting slabs of legal text, that you've failed to set out what the argument is for the Swans to actually claim any meaningful damages from a court. The idea that a plaintiff who's suffered minimal-to-nil damage would sue someone in the hope of cleaning up on exemplary damages, is utterly laughable, as anyone who's ever worked in litigation would know.

The challenge in the first section of my last post remains. Cases of unions illegally punishing employers who break 'closed shop' arrangements, or airlines busting mass pilot strikes, are hardly to the point. Here it is again:

Name a single case in Australia-- ever-- where a judge has awarded exemplary damages in a simple case of an employee signing a fixed term contract, and then just failing to turn up one day.

I don't say anything about suing in contract or tort; or suing the employee or anyone who encouraged them not to turn up.

Any case at all, ever, based on that common fact scenario, where exemplary damages were awarded to the wronged employer.