I wonder if the registration of the contract makes the deal vaild? Or Foran could argue that there was an agreement and it was up to Parra to make sure it was registered?
Either way what a mess. Makes Kelly look like a gun
Good question. I think it would be highly likely to have been dealt with in the drafting of the contract itself (the clubs probably have bog standard versions of these): i.e, the parties would agree that it is an essential precondition for the contract to be operative for it to be registered by the NRL first. There would also be lots of provisions dealing with termination.
If not, there is something called the doctrine of frustration in contract law which will bring a contract to an end if the subject matter of it cannot be performed. If the bloke can't turn out to play for the club, you'd think that would apply.
Still, even if brought to an end that way (or by breach or repudiation) it wouldn't mean one party or the other couldn't still have a claim for damages. Who knows what these two clauses really said and whether Foran could try and make a claim, but I think it very unlikely he would, for lots of reasons.
I have to say, accepting it is speculation without having seen it, but it defies credulity that someone could have included a "you may leave if there is
political turmoil" clause in a contract, and not only that, but if you walk, you can take a $mil. I cannot think of any phrasing that could meaningfully be understood to give effect to such a clause. An "if the coach is sacked" clause is easy to understand, but "political turmoil"? It seems a one way gift to Foran of the most extraordinary kind. The conclusions anyone can draw then about competency (or perhaps desperation) of those involved seems rather obvious. It just makes me wonder if the reports can be correct it seems so far fetched. But here are the Eels board acknowledging that they wish to renegotiate because apparently their former CEO agreed those provision.
"Wow" as Gus might say. Or perhaps, "epic fail", as my 9 yr old would say.