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CFL vs arena league

Posted: Sun Jan 21, 2007 9:32 am
by lion24
the report or ron warner signing in the arena league has the bombers and cfl steaming and the cfl ready to square off against the afl. the cfl better do something about this as cfl teams may start losing quality players. warner was in his option year with the bombers, but did not even give notice to the bombers. i really do not want this happening to the lions, but i guess it goes to show that these players do not want to stick around anyway and would you really want them on yout team anyway?

Posted: Sun Jan 21, 2007 10:17 am
by Blue Fan
Arena league swipes Warner
Blue hopping mad after losing star DT


THE CFL and Arena Football League are on the brink of a boardroom war that could get very, very ugly.

And the Winnipeg Blue Bombers may be taking the first shot on the CFL's behalf.

More here

*mod edit - the posting of full articles is not allowed. Feel free to post a link if you have it. *

Posted: Sun Jan 21, 2007 12:27 pm
by KnowItAll
*mod edit - the posting of full articles is not allowed. Feel free to post a link if you have it. *
Well now, ya know, ya doesnt need to get all blue about it :wink:

Posted: Sun Jan 21, 2007 1:25 pm
by LFITQ
I don't understand the basics of this. Contract law, as I understand it is quite simple. I have a contract with you. you signed it agreeing to play for my team. I signed it agreeing to pay your for playing for my team. You go and sign another contract which prevents you from completing my contract (which you signed first) means that I am now entitled to compensation or that the second contract you signed is considered null and void. I now sue you for compensation for not playing for my team as you had agreed to do.

Take a few players to court over these and I bet they will stop it quite quickly - especially if you can get possible loss income as well - so it works out to more than just wages. You can go to all areas of revenue and really make a dent in the player's wallet.

So just sue the player and not worry about the AFL "honouring" the contract. The COURTS will honour it, it doesn't matter what other "employers" do.

If I signed a contract with West Fraser agreeing to supply them with logs and then turned around and sold those logs to Canfor, you can bet West Fraser's lawyers will be all over my ass. I just don't see what the difference is and why it is so difficult to understand....

Posted: Sun Jan 21, 2007 1:35 pm
by KnowItAll
I think the legal thing would only work if the two employers were in the same country.

Posted: Sun Jan 21, 2007 1:37 pm
by Tighthead
Plus, in a lawsuit, you have to prove your damages. In this case, the teams damages with an average player would be fairly small.

Posted: Sun Jan 21, 2007 1:40 pm
by LFITQ
KnowItAll wrote:I think the legal thing would only work if the two employers were in the same country.
No, simply because contract law is contract law. The individual who signed the deal is responsible under the laws of the country in which the contract was signed. It is still a non-performance of the contract law. If it was only restricted to the same country then there would never be any international trade.

A plywood plant in Canada who signs a contract with a company (let's use Ashley Furniture in the US as an example) to provide a certain amount of board with certain specs, is responsible to do so. If they fail to complete the bargain, Ashley furniture would have the right to sue, and most certainly would, for non-performance of the contract.

Contract law is still contract law regardless of country of residence.

Posted: Sun Jan 21, 2007 1:52 pm
by KnowItAll
some "contracts" are not worth the paper they printed on.

My wife works by contract as an IT perfessional, yet, both herself and employer can terminate anytime they want to. Go figure.

From the players point, contract does not guarantee a job. He can be released almost anytime. I know there are exceptions, points in the season, depending on what league, where maybe they have to be paid for the rest of the season, but if it is a multi season contract, it doesnt really mean squat for the next season.

I think the only way there can be a legal issue here is if the two leagues had a written contract between them.

If I understand correctly, any NHL player in mid contract can quit and go back home to europe, or where ever, and play there.

Posted: Sun Jan 21, 2007 2:19 pm
by MacNews
But KIA this would be a rather strict contract, I imagine. The Blue Bombers would have language and clauses in the contract to deny Warner the opportunity to play elsewhere.

Posted: Sun Jan 21, 2007 2:35 pm
by KnowItAll
MacNews wrote:But KIA this would be a rather strict contract, I imagine. The Blue Bombers would have language and clauses in the contract to deny Warner the opportunity to play elsewhere.
I think that would only come into play if he wanted to come back to CFL. IE: by playing elsewhere he voids his CFL contract.

In any case, the bombers "legal" issue is with warner. No contract or written agreement between the leagues means that bombers have no legal recourse against the arena league. It just comes down to if the arena league wants to have good relations with the CFL. The question then becomes, whats in it for them.

Posted: Sun Jan 21, 2007 2:39 pm
by MacNews
KnowItAll wrote:I think that would only come into play if he wanted to come back to CFL. IE: by playing elsewhere he voids his CFL contract.

In any case, the bombers "legal" issue is with warner. No contract or written agreement between the leagues means that bombers have no legal recourse against the arena league. It just comes down to if the arena league wants to have good relations with the CFL. The question then becomes, whats in it for them.
I agree KIA, your argument makes sense. But as LFIQ said, contract law is contract law. The only thing I can think of is a CFL contract with large holes in it. I can't see the CFl having such incompetent lawyers.

Posted: Sun Jan 21, 2007 2:43 pm
by KnowItAll
I can't see the CFl having such incompetent lawyers.
Not sure incompetent lawyers is the issue, but I have no problem seeing the CFL having incompetent lawyers. No problem atall.

I love this league, but not a lot of respect for the league admin. However, that be off topic.

Oh damn, not another bear TD, arrgggg

Posted: Sun Jan 21, 2007 2:51 pm
by Tighthead
Without seeing the entire contract, and the CBA, we can't say what the situation is. If Warner took a job in the oil patch making more money than in the CFL, there would be no issue. Likewise, a player who retires a year early, like Joe Fleming, can't be sued.

Perhaps a guy like Warner files his retirement papers, and then signs the AFL deal.

Posted: Sun Jan 21, 2007 8:12 pm
by Lionut
Winning the suit, while no slam dunk, isn't really the issue. Trying to get it enforced, OTOH, very much is. Trying to get another jurisdiction IN CANADA to enforce a judgement in civil court is difficult. Trying to get a jurisdiction in another country to do so? Forget it. You end up with what the legal community calls, "a dry judgement", which is about as satisfying as that other dry activity of which you may be thinking. These guys can go to the arena league anytime they like, and there is basically nothing the CFL can do to stop it.