Goodbye Tadhg!

[Bas]

?

Don't scratch your head, you'll get splinters.

Re-read the bit in my post about identifying character traits. Not pointing at anyone in particular.

[jamesie]

Fortunately i am a supporter of the mighty Cork.

That explains the chip on the shoulder then

[timthefish]

I'll take it slowly.

Q. What would be the point in enforcing Kennelly to see though this season if his heart wasn't in it?

A. Well he has a contract. The purpose of contracts is to ensure that promises are kept. They are legally enforcable. Where on earth (Kilkenny perhaps?) did you get the astonishing idea that contracts can't be enforced? The very basis of contract law is the capacity of enforcement and the rights of the parties to enforce contracts or in the breach to seek and recieve damages. Are we living in in some primitive barter society. i thought Australia was a relatively sophisticated economy with an effective superstructure of law. Really dumb idea apparently.

i friggin' love it when people come over all patronising with a declaration to take it slowly and then completely fail to construct an argument when really trying.

your answer only makes reference to technical definitions of enforceability and completely fails to establish how it could be done in an effective manner to bring about a positive result. again, you completely miss the point in trying to establish "the point".

but please, keep mistaking assertion for argument and wrap yourself in a fundamentalist cloak if it makes you feel all the more righteous.

it's getting funny. except for the bit about reducing australia from being a (say) country, nation or society to "a relatively sophisticated economy". that's just creepy.

[BSA5]

i friggin' love it when people come over all patronising with a declaration to take it slowly and then completely fail to construct an argument when really trying.

your answer only makes reference to technical definitions of enforceability and completely fails to establish how it could be done in an effective manner to bring about a positive result. again, you completely miss the point in trying to establish "the point".

but please, keep mistaking assertion for argument and wrap yourself in a fundamentalist cloak if it makes you feel all the more righteous.

it's getting funny. except for the bit about reducing australia from being a (say) country, nation or society to "a relatively sophisticated economy". that's just creepy.

In fairness to Connolly, I think the point he was making is that the Swans need to send a message. Simply allowing players to walk out on their contract with nothing more than support is setting a dangerous precedent. It's not SBW stuff yet, but I suppose it's a slippery slope.

[ROK Lobster]

A. Well he has a contract. The purpose of contracts is to ensure that promises are kept. They are legally enforcable. Where on earth (Kilkenny perhaps?) did you get the astonishing idea that contracts can't be enforced? The very basis of contract law is the capacity of enforcement and the rights of the parties to enforce contracts or in the breach to seek and recieve damages. Are we living in in some primitive barter society. i thought Australia was a relatively sophisticated economy with an effective superstructure of law. Really dumb idea apparently.

That's the law in text books mate. And it's contract law. You need to consider the law of remedies more closely. You will never get specific performance and damages would not be capable of quantification. Your punitive damages will not apply here but keep up with it, it obvoiusly does something for you.

Q. It happens in most profesional sports - sensible coaches and administrators are able to spot that an unhappy player in the ranks can do more damage to the overall morale and well being of the team and club then letting them go

A. The way Kenneally did this was simply unacceptable. He presented the club with a fait acompli. He failed to speak to Ireland (the club manager) but spoke to every man and his dog in Kerry (the brother, the local jouno, the town drunk etc). He has done more to demoralise the young players as a senior player than a grumbler in the dressing room. Most sporting contracts have an effective way of dealing with non-performers. The contract gives a right to the club to drop them from the first team and strong contracts have penalties, default clauses and sliding pay scales. This is (or at least was) professional sport. Integral to professional sport is the club/player contract.

While Kenneally and Coney will be playing on the villiage green we will be two players short on the roster and have lost an important senior player after the period of pre-season player recruitment has ended. This same senior player sat through the draft period and said not a word apparently to his manager or Ireland that he was leaving, issued a press release stating he was playing in 2009 and then suddenly had the bright idea to break his contract when the club was locked in to its drafting and recruiting decisions. Legend. Sure right up there with Skilton and Kelly.

I think it has been a very ordinary decision by Tadgh and the way that he has gone about things is very disappointing. He has certainly lost a lot of respect in my books.

The question that needs to be asked is why are people walking out like this?

[T-bag]

I got bagged out for making that comment.

There, there, I'll console you. /hugs

[T-bag]

The timing is appalling, broke his contract and should not be paid.
If he had done this before the draft etc...I would have said...."great service, here's next years pay and good luck."

**** him!!!!

Pretty much how I feel.

Thanks for the service Tadgh. Great memories.

Now go @@@@ yourself

[connolly]

i friggin' love it when people come over all patronising with a declaration to take it slowly and then completely fail to construct an argument when really trying.

your answer only makes reference to technical definitions of enforceability and completely fails to establish how it could be done in an effective manner to bring about a positive result. again, you completely miss the point in trying to establish "the point".

but please, keep mistaking assertion for argument and wrap yourself in a fundamentalist cloak if it makes you feel all the more righteous.

it's getting funny. except for the bit about reducing australia from being a (say) country, nation or society to "a relatively sophisticated economy". that's just creepy.

your answer only makes reference to technical definitions of enforceability and completely fails to establish how it could be done in an effective manner to bring about a positive result. again, you completely miss the point in trying to establish "the point

In order to answer that question we would need the actual contract. We don't have it so any issues can only be discussed as generalities which i did. My contribution addressed enforcability and remedy generally. It was an answer to the absurd suggestion put forward by some that professional sport contracts are of themselves unenforcable and only nominal damages would apply. If you had read all the posts (particularly regarding the Coney fiasco) i argued that action should have been taken against Tyrone of the GAA. I believe that if we had filed an action against those who induced Coney to breach his contract a shot would have been fired across the bows of Kenneally. The chronology and the timing of the Coney Kenneally walk outs indicates that Kenneally saw that the club was weak and he took his chance.
As to how the club would enforce the contract (by the way the argument that specific performance is not possible in employment contracts is plainly wrong as statutory reinstatement is a form of specific performance order) would agin depend on the detail in the contract.
If the club negotiated a contract with Kenneally that did not have some express term in the form of a penalty clause for an early walkout i would be astonished and the drafters should be dispensed with by the club and some half decent lawyer engaged to draft its contracts. For christ sake there had been constant rumours swirling around Kennealy regarding him flying the coup that we must have something in the contract. If there are no express terms we would seek damages for loss arising from the breach. They are considerable. Kenneally is a key player and his absence from the team clearly has significantly diminished our chances of playing finals football. The economic loss and loss of profits are quantifiable and a claim for liquidated damages could and should be drawn up and filed. The point is that this is not a legal problem of Everest proportions for the club. Hawthorn used its contract to keep Everett in 2006. You might have noticed that Barry Hall in answering why he wasn't breaking his contract to go boxing said that he had a contract. The fight game after the Kosta Zsu Bill Mordey litigation understands that there are potentially heavy penalties for breaking contracts.

Why is it "creepy"to point out the obvious that Australia is an advanced economy? I didn't say it was just or only an economy.
Finally i wasn't aware that posts on this site had to be structured like a submission to the High Court.

[T-bag]

Is it better that I pipe in now and give Connolly the chance to blame NMFC for Keneally's decision? Surely they had a hand in it like every other conspiracy theory Connolly chooses! Aylett? Casey? etc etc.

You must be too young to know anything about what Connolly has said about Aylett and Casey etc. Perhaps you need to do some research in fact finding before you start attacking people on this forum.

A warning to your name I believe is appropriate here mods?

Baiting anyone?

[T-bag]

Did I say I had a problem with discussion? If I did, I hereby retract it emphatically and issue a wholehearted apology.

You didn't discuss the topic at all. All you did was picked on a poster who has differing views to you.

[Bloodlines]

Conollyeee

Is Connolly a born dickhead or did he work on it?
It would help, as he seems to be an authority on everything (just ask him he will tell you about contract law to the High court) to get the name of the player right it's Kennelly
No matter how good a contract is if a player isn't committed then he isn't worth having on the field, And yes fit enough to play gaelic footy but not AFL It is not as brutal as our game and the hits are almost non existent. You people knocking Tige must have miserable lives if this gets you worked up.
By the way the University of Kentucky is in Lexington.....

[Cardinal]

I'm actually not too surprised at all that Tahdg has left now. Everyone knew he wanted to go eventually. If I recall there was discussion about it when he signed up for his contract renewal and it wasn't just posturing for extra money. I also recall being rather happy that he'd signed up for three years as well.

The timing might not have been the best but the right and understanding that he might make this decision may well have been used as a lure to get him to stick with the Swans for at least a few seasons more. Just speculating but it sounds plausible.

Now about Ben Cousins .......

[T-bag]

For God's sake get over it Connolly. Roosy is a transparently decent man, and ditto for Tadhg. If you can't see that you're a sad and sorry individual.

Why don't YOU get over Connolly and do us all a favour by putting him on YOUR ignore list? While you are at it, put me on your ignore list as well.

Talk about obsessive

[T-bag]

The question that needs to be asked is why are people walking out like this?

Oh you are just LOVING this aren't you

[573v30]

I see Tadhg is getting the respect he deserves in this thread...