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Putting another rumour to bed, breach of contract, and how it pertains to Eriksson.

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Arrow 1983

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21 minutes ago, Arrow 1983 said:

Eriksson never stated anything with greens ability as a coach this is just made up in either your head or where ever you heard this. The only thing a court would ever look at is his actual statement.

https://theprovince.com/sports/hockey/nhl/vancouver-canucks/loui-eriksson-travis-green-and-dont-get-on-100-per-cent

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24 minutes ago, Arrow 1983 said:

Eriksson never stated anything with greens ability as a coach this is just made up in either your head or where ever you heard this. The only thing a court would ever look at is his actual statement.

http://www.hockeysverige.se/2019/05/02/loui-eriksson-om-tuffa-tiden-i-vancouver-jag-och-tranaren-gar-inte-riktigt-hundra/ 

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OP might I suggest putting all of your thoughts, nicely laid out, in one thread? With an appropriate title that addresses all of your concerns instead of making small ones, some of which hold little merit? More content=more conversation? Your last 3 threads could have been summarized as one and titled “My 2 cents on CBA, The Status Of Brock and Loui” etc.

 

As I laid out for you already, you’re contradicting yourself here by basically stirring the pot yourself and, well, starting another rumour based on all the thoughts you’ve collected.

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42 minutes ago, Arrow 1983 said:

Eriksson never stated anything with greens ability as a coach this is just made up in either your head or where ever you heard this. The only thing a court would ever look at is his actual statement.

No this goes to what and how other players may understand this to mean, and how in either earlier or later comments, it could cause distention.....One does not know what other comments have been made and to who.

 

For what ever reason, "IF" the Canucks felt this was in breach, the Canucks could go to a Judge for a ruling...…...

 

The question is, was there harm caused by his comments, either directly or indirectly . If in fact the Canucks through Eriksson agent felt that they could no longer work with Eriksson and his comments caused harm. They have the right under his contract to seek judgement

 

 

Paragraph 6: Injunction Junction, What's Your Function

This one sets up a legal shortcut for the team in the event of breach: the Club can go straight to getting an injunction—in this case, a court order forbidding something—without having to exhaust all their other remedies first.  In normal terms, this means the team can jump directly to getting a court order telling you, say, you can't play for another team—something you obviously can't do according to your contract, but this saves your team time having to prove it in court, while you're playing it up for Franchise X

 

Paragraph 14: Termination for Material Breach

Srs bsns, mi amigo.  In short, if you "materially breach" the SPC by either breaking team rules/your contract or by "failing, refusing, or neglecting" to provide your services, the team gets to terminate your deal.  And that's it.  It's gone.  No more money for you.

"Material breach" is a legal term, and its meaning is contextual—it means a violation of the contract that is in some way substantial, meaningful or impairing to the other party (the breach is "material", not minor and unimportant.  This is why we know the Kings didn't try terminating Mike Richards for cutting in line at the supermarket.)  Material breach is only rarely alleged, and many situations where it would be so are obvious.  For example, if Morgan Rielly wakes up tomorrow and decides he'd rather go play in the KHL for the rest of his career, the Leafs will have a perfect case for material breach.  But it's still unclear what else might qualify—this is where the action would have been in the Richards proceedings, and I suspect the uncertainty might have helped push both sides to settle before it went forward.

At any rate, as dramatic as this section is, most players never wind up dealing with it.  Hopefully you never do.

 

It is up to the Canucks to prove this.

 

https://www.pensionplanpuppets.com/2016/7/18/12205730/so-you-want-to-sign-an-spc-a-standard-player-contract-primer

 

It also talks about public appearances...……...which this would be

 

 

Edited by janisahockeynut
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2 minutes ago, janisahockeynut said:

No this goes to what and how other players may understand this to mean, and how in either earlier or later comments, it could cause distention.....One does know what other comments have been made and to who.

 

For what ever reason, "IF" the Canucks felt this was in breach, the Canucks could go to a Judge for a ruling...…...

 

The question is, was there harm caused by his comments, either directly or indirectly . If in fact the Canucks through Eriksson agent felt that they could no longer work with Eriksson and his comments caused harm. They have the right under his contract to seek judgement

 

 

Paragraph 6: Injunction Junction, What's Your Function

This one sets up a legal shortcut for the team in the event of breach: the Club can go straight to getting an injunction—in this case, a court order forbidding something—without having to exhaust all their other remedies first.  In normal terms, this means the team can jump directly to getting a court order telling you, say, you can't play for another team—something you obviously can't do according to your contract, but this saves your team time having to prove it in court, while you're playing it up for Franchise X

 

Paragraph 14: Termination for Material Breach

Srs bsns, mi amigo.  In short, if you "materially breach" the SPC by either breaking team rules/your contract or by "failing, refusing, or neglecting" to provide your services, the team gets to terminate your deal.  And that's it.  It's gone.  No more money for you.

"Material breach" is a legal term, and its meaning is contextual—it means a violation of the contract that is in some way substantial, meaningful or impairing to the other party (the breach is "material", not minor and unimportant.  This is why we know the Kings didn't try terminating Mike Richards for cutting in line at the supermarket.)  Material breach is only rarely alleged, and many situations where it would be so are obvious.  For example, if Morgan Rielly wakes up tomorrow and decides he'd rather go play in the KHL for the rest of his career, the Leafs will have a perfect case for material breach.  But it's still unclear what else might qualify—this is where the action would have been in the Richards proceedings, and I suspect the uncertainty might have helped push both sides to settle before it went forward.

At any rate, as dramatic as this section is, most players never wind up dealing with it.  Hopefully you never do.

 

It is up to the Canucks to prove this.

 

https://www.pensionplanpuppets.com/2016/7/18/12205730/so-you-want-to-sign-an-spc-a-standard-player-contract-primer

 

It also talks about public appearances...……...which this would be

Paragraph 4: Team Rules

The team can set "reasonable" rules governing conditioning and conduct, and can impose fines or suspensions on players for not following them.  However, the rules have to be filed with both the league offices and the NHLPA, meaning teams can't just impose fines at random to try and cut costs.

Incidentally, this is a good introduction to the fact that "reasonable" is the most obnoxiously popular word in law.  It's shorthand for "don't be ridiculous" without having to lay out every possible scenario.  Want to know how many times "reasonable" is used in the CBA?  One hundred and nineteen.

Reasonable is also the most ambiguates term in Contracts

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4 minutes ago, janisahockeynut said:

One could argue, that by his agent saying that Loui is open to a trade,

then the comments. Loui is pushing the cart down the road......

After all his agent is his voice. And he should not be making comment.

your absolutely right his agent is his voice on matters of his contracts

However Eriksson can still have opinions about his play and how he feels he is being utilized if asked about it. 

And that is the key he was asked about it he did not seek it.

Edited by Arrow 1983
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Again, the Canucks would be within their rights to show cause.....

 

And in the case of Mike Richards...……….it never went public

 

Just a mutual agreement...nice and quiet...….

 

In saying all this, Eriksson's loss is getting smaller and smaller

 

first he would have to show that no other team will pick him up in the NHL

 

FURTHER TO THIS...IT IS A PIT FALL, AS IF ANY OTHER CLUB SAYS IT IS BECAUSE OF HIS COMMENTS...….WELL THEN

 

then he could not get a job in the SHL

 

Personally, if I am the Canucks, I do this just to show everyone

 

do not shat on the club in any way...….and get rid of him all in one swoop

 

THIS IS SIMULAR TO "DON'T STEP ON THE LOGO"

Edited by janisahockeynut
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2 minutes ago, Arrow 1983 said:

your absolutely right his agent is his voice on matters of his contracts

However Eriksson can still have opinions about his play and how he feels he is being utilized if asked about it. 

And that is the key he was asked about it he did not seek it.

Yes, but as a public figure, he is totally aware of the ramifications and its results

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 Loui is not going to retire. Canucks have the following options

 

1. Try and trade him. Unlikely. 

2. Send him to Utica and bury him there for 3 years like Wade Redden

 

He better not be taking a spot of a younger guy on the main club next season.  

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21 minutes ago, Stelar said:

 Loui is not going to retire. Canucks have the following options

 

1. Try and trade him. Unlikely. 

2. Send him to Utica and bury him there for 3 years like Wade Redden

 

He better not be taking a spot of a younger guy on the main club next season.  

Well, that’s the thing.....he comes to training camp, and what if, he gets beat out for a roster spot?  

Is this what management is hoping for?

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23 minutes ago, Stelar said:

 Loui is not going to retire. Canucks have the following options

 

1. Try and trade him. Unlikely. 

2. Send him to Utica and bury him there for 3 years like Wade Redden

 

He better not be taking a spot of a younger guy on the main club next season.  

Closing out last season knowing we were out of contention Green dressed Erkisson for all the remaining games with regular shifts.

 

Shake my head, we could of invested in other players minutes so we could be further ahead and better prepared for next camp.

 

 

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6 minutes ago, redhdlois said:

Well, that’s the thing.....he comes to training camp, and what if, he gets beat out for a roster spot?  

Is this what management is hoping for?

It happened last year with Gagner,. I think it happened with someone else the years before.??

Benning has stated before that those situations will happen and have.

Eriksson should not feel at all privileged, this season especially.

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