NOTW Tevez Letters

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Unfotunately for WHU this proves nothing at law. The ability to terminate a contract is only defined within the original Private Agreement (between 2 companies, Tevez and WHU it now appears). If that Private Agreement did not expressly allow for any one of those parties to terminate without the consent of the others, then this letter is meaningless. Tevez' refusal to countersign acceptance of the letter is clear proof that at least one other party did not accept the termination, so WHU have got to prove that consent was not needed to end the arrangement. That would be fairly unusual to say the least.

It's also extremely unusual to be able to serve notice on one party and have that be effective on all the others. Normal contracts practice specifies that notice is only effective on a party when served directly to each of those relevant parties. Only telling one person when you need to tell 2 or 3 doesn't work. So if they only physically gave the notice to Tevez, and did so outside of business hours then arguably MSI etc didn't actually receive notice on the date claimed. There's a lot of technicalities here, but this is how things start to unravel when people without legal experience start playing with contracts (and not taking advice - e.g. PL).

If I could go about my daily business as a contracts manager just terminating stuff I don't like or can't be arsed with anymore I'd finish work by 10 am every day and have no worries at all. Of course all exchange or market based economies would have collapsed as well because everyone would be at it, but that's by the by.
 
I'm by no means an expert on contracts but surely a letter which tevez refused to sign is in our favour rather than theirs? Tevez refusal to sign it means that the agreement wasn't terminated surely?
 
I can't believe they are still trying it on as when Tevez went to Manure it was down to Kia/MSI and any transfer fee that Manure pay will go to them and not West Ham!!!! So how the F they expect anyone to believe this tripe is beyond me.
 
At the end of the day if someone reuses to sign an agreement you dont have an agreement. The contract they had was with Kia. Show me the paperwork signed by Kia that says his third party interests have been dissolved before the reinstatement and then you may have something. Other wise let them pay the settlement and move on. Because I don't see the league doing anything more they are still trying to cover their own hides in this.
 
:D:D:D:D:D

I didn't think they were that stupid !
What law firm have they engaged ......... Noddy Noddy BigEars and Sweep LLP ?
 
Aside from the fact that producing an unsigned (by Kia Joorabchian) document more than 18 months after it was meant to have been the final nail in the coffin of the whole murky deal is about as useful legally as a handbrake on a canoe, I find this statement in the article from Dickbury quite interesting.

News of the Screws said:
Duxbury last night declared: “We welcome the new investigation because it is our chance to make it perfectly clear to both the FA and Premier League that we did everything in our power to terminate the agreement we had with Carlos Tevez and satisfy all the demands of the Premier League in order for him to continue as a West Ham player.

Now call me old fashioned, but,

"we did everything in our power to terminate the agreement" implies (not infers, Foxy!) that whatever they did wasn't enough, and so therefore the agreement was still in place.

I'm not sure that Tevez's signature is relevant anyway, as the agreement was with MSI, and not Tevez. The countersigning is just to show that he has seen the document. It's the same as if you're dismissed from work for whatever, you're asked to countersign the written decision. Not signing it doesn't mean that you're not dismissed.
 

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