Opinion Coach: James Hird

Essendon supporters only - Should James Hird be sacked?


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    128
  • Poll closed .

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I'll coach the club for free.

Surely Essendon could void his contract for his conduct during this whole thing to avoid a payout?

Given his extension was part of the plea deal, I'd be stunned if he hasn't made sure the ability of the club to dismiss him on this is very narrow. Just imo, but it would take a guilty verdict against the players
 
One way they can be violated is by breaching the rules of the competition, which he has done.
inconceivable.jpg
 

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Which would be great if we hadn't re-signed him AFTER he pled guilty to doing so. So no, we can't do that.

It can also be void as the contract should never have been offered, as Essendon did it in spite of the AFL. That also voids the contract.
 
It can also be void as the contract should never have been offered, as Essendon did it in spite of the AFL. That also voids the contract.

Whether it was offered to spite the AFL or not, it's a legally binding contract. I'm sure there's no out clause because it was offered in spite
 
I'm with you. I just want someone in the "don't sack Hird" camp to acknowledge the arguments for sacking him now.

They are poor arguments though.

Sack him at the end of the year? Sure, I can see some arguments there that are worth considering.
 
It can also be void as the contract should never have been offered, as Essendon did it in spite of the AFL. That also voids the contract.

Mmmm okay.

Do the voices tell you to burn things?
 
Please link me some documentation to support this "contract void because it spites the AFL" theory.



6. There Is a Mistake in Creating the Contract
A mistake occurs when parties have a mistaken belief about a fact upon entering into a contract. If only one party is mistaken, it is a unilateral mistake, and generally contract performance is not excused, and breaching may have consequences. In a bilateral mistake situation, both parties are mistaken, and the contract will generally be void.

The unilateral mistake rule does not apply if one party misleads the other party. Unilateral mistakes can also void a contract if one side fails to disclose information which is only known to that party and which a reasonable person could not discover on their own.
 

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6. There Is a Mistake in Creating the Contract
A mistake occurs when parties have a mistaken belief about a fact upon entering into a contract. If only one party is mistaken, it is a unilateral mistake, and generally contract performance is not excused, and breaching may have consequences. In a bilateral mistake situation, both parties are mistaken, and the contract will generally be void.

The unilateral mistake rule does not apply if one party misleads the other party. Unilateral mistakes can also void a contract if one side fails to disclose information which is only known to that party and which a reasonable person could not discover on their own.

So when both parties agreed to extend Hird's contract, where's the mistake? The mistake has to be based on facts known at the time, not with the benefit of hindsight 2 years down the track.
 
6. There Is a Mistake in Creating the Contract
A mistake occurs when parties have a mistaken belief about a fact upon entering into a contract. If only one party is mistaken, it is a unilateral mistake, and generally contract performance is not excused, and breaching may have consequences. In a bilateral mistake situation, both parties are mistaken, and the contract will generally be void.

The unilateral mistake rule does not apply if one party misleads the other party. Unilateral mistakes can also void a contract if one side fails to disclose information which is only known to that party and which a reasonable person could not discover on their own.
What Is a Contract Mistake?
A contract mistake may happen when a term, definition, word, or phrase is not clearly understood in the contract. A contract mistake often occurs when a key term or phrase possesses more than one meaning.
 
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