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| The remedy the club will be seeking, from Orford or the club he signs for, will be damages - effectively for Orford's breach of contract, although there may be noises about "inducement to breach contract" - Bulls know all about that of course. my assumptions, anyway.
In any action for damages, the claimant has a duty to mitigate his loss.
Going out and finding a replacement, and signing him, would be substantial mitigation, and would enable the defendant to claim that the club's losses were limited and to put a figure on them. Indeed, in the absence of Orford stating categorically he wanted out, he could claim that signing a replacement was if anything a strong indication that they wanted or expected him to leave, and so any claim for damages should be struck out anyway.
So, lets get into hypothetical mode, shall we? In those circumstances, hypothetically the very last thing the club would want to do would be to sign a replacement, or be seen to be actively seeking one, firstly until formal negotiations begin and secondly until they are concluded. the club can ensure it keeps its strongest hand by playing its cards very close to the chest, and stating in public categorically that it expects Orford to return.
Then it becomes a case of who blinks first.
Since Orford maybe hoped that Bulls would take the hint, shrug their shoulders, go find a replacement and tell him to go play with himself. End of matter.
But maybe, the longer it goes on without a resolution, the more concerned (initially) and then desperate (hopefully) Orford (and his slime mould manager) become. And the more worried about the scale of potential damages they are exposed to they become, since they are giving the Bulls less and less time to find a replacement. They, like us, have of course seen no idication that the Bulls have taken any steps to line anyone up so the Bulls must surely be expecting orford back, and they (like us) will be aware how soon pre-season starts...
And it looks like Orford (or slime mould) probably blinked first. In this hypothetical scenario.
Now, again continuing this hypothetical scenario, you would expect that as soon as the Bulls have closure with Orford, and compo terms have been agreed - reflecting of course the Bulls now unexpectedly having to go out at short order and find a replacement - they would urgently go seek a replacement.
And you would HOPE that afeter...frantic efforts...one materialises surprisingly quickly, almost as quickly indeed as if the club had already done a deal beforehand. Since one sure needs to, given pre-season staring so early.
Now, using that hypotbetical scenario, would the actions (or seeming inactions) of the various parties make more sense?
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| Quote ="Adeybull"The remedy the club will be seeking, from Orford or the club he signs for, will be damages - effectively for Orford's breach of contract, although there may be noises about "inducement to breach contract" - Bulls know all about that of course. my assumptions, anyway.
In any action for damages, the claimant has a duty to mitigate his loss.
Going out and finding a replacement, and signing him, would be substantial mitigation, and would enable the defendant to claim that the club's losses were limited and to put a figure on them. Indeed, in the absence of Orford stating categorically he wanted out, he could claim that signing a replacement was if anything a strong indication that they wanted or expected him to leave, and so any claim for damages should be struck out anyway.
So, lets get into hypothetical mode, shall we? In those circumstances, hypothetically the very last thing the club would want to do would be to sign a replacement, or be seen to be actively seeking one, firstly until formal negotiations begin and secondly until they are concluded. the club can ensure it keeps its strongest hand by playing its cards very close to the chest, and stating in public categorically that it expects Orford to return.
Then it becomes a case of who blinks first.
Since Orford maybe hoped that Bulls would take the hint, shrug their shoulders, go find a replacement and tell him to go play with himself. End of matter.
But maybe, the longer it goes on without a resolution, the more concerned (initially) and then desperate (hopefully) Orford (and his slime mould manager) become. And the more worried about the scale of potential damages they are exposed to they become, since they are giving the Bulls less and less time to find a replacement. They, like us, have of course seen no idication that the Bulls have taken any steps to line anyone up so the Bulls must surely be expecting orford back, and they (like us) will be aware how soon pre-season starts...
And it looks like Orford (or slime mould) probably blinked first. In this hypothetical scenario.
Now, again continuing this hypothetical scenario, you would expect that as soon as the Bulls have closure with Orford, and compo terms have been agreed - reflecting of course the Bulls now unexpectedly having to go out at short order and find a replacement - they would urgently go seek a replacement.
And you would HOPE that afeter...frantic efforts...one materialises surprisingly quickly, almost as quickly indeed as if the club had already done a deal beforehand. Since one sure needs to, given pre-season staring so early.
Now, using that hypotbetical scenario, would the actions (or seeming inactions) of the various parties make more sense?'"
Surely not?! Are you proposing that the club may have been aware of this potential situation for some time? And that the lack of a halfback signing is being used as an ace in the pack?
How cunning!!
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| Seems a perfectly plausible hypothesis!
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| Think adeys explained the situation perfectly - hypothetically off course
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| Quote ="mat":25pvt0s9Think adeys explained the situation perfectly - hypothetically off course
'" Sadly, it's not as though a club, which has failed to make the play-offs in the last two seasons, would be the sort of big draw that a top player might consider it to be worth while waiting around for.
Of course, we might finish up with sufficient cash to get a stand off, with a year left on his contract, whose name has been bandied around a bit recently. That would certainly make one person on here very happy!! To be honest I wouldn't be unhappy myself.
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| Quote ="Adeybull"
I'll refrain from wishing our friend a life in interesting times until we hear it for definite.'"
If I'm honest, I've been waiting to say it for months, but was giving him the benefit of the doubt until now. To me, Connor reporting it is good enough for a definite "he wants out". And if he wants out, I seriously hope we get some compo for him, rather than him being forced to come back. Because if this is what he's like, I really don't want him back, regardless of how good a player he is.
I'll certainly be wishing Parramatta (or whoever he joins) all the best of luck in winning the wooden spoon next year.
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| The situation is, on the face of it, not much different to the situation last year. It was later than this in the year before Deacon was announced to be going to Wigan, with a year of his contract left. Bulls then had to go out & find a SH, so it's hardly unique.
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| I wonder if he's unhappy that Macca isnt the coach anymore?
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| Nice one Mick!
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| Quote ="Bulliac"The fly in the ointment would be the replacement halfback. I can't see any scrum half (of similar ability) hanging around, and spurning opportunities to go elsewhere, on the off chance that Matty Orford decides to break his contract. [spock modeIt's just not logical cap'n.[/spock mode Sadly, it's not as though a club, which has failed to make the play-offs in the last two seasons, would be the sort of big draw that a top player might consider it to be worth while waiting around for.
Of course, we might finish up with sufficient cash to get a stand off, with a year left on his contract, whose name has been bandied around a bit recently. That would certainly make one person on here very happy!! To be honest I wouldn't be unhappy myself.'"
Youre making assmption that any scrum half we look at has to be a free agent. We could be looking at a nrl player with a sl get out clause or we could be prepared to pay a transfer fee.
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| Quote ="mat"Youre making assmption that any scrum half we look at has to be a free agent. We could be looking at a nrl player with a sl get out clause or we could be prepared to pay a transfer fee.'"
If we're getting cash for Orford then I reckon the board will let Potter use it to bring in another HB.
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| [urlhttp://www.triplem.com.au/sydney/sport/nrl/news//blog/mg-matt-orford-not-answer-for-eels/20101012-a4xj.html[/url
Mark Geyer thinks we should ask for Daniel Mortimer and another player. Yes please!!!
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| I'm not sure I would like to be 'jobbed' out to the other side of the world just so somebody could take my place tho'
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| To be fair, now it's come from Connor I think we can take it as gospel and it's finally confirmed to us that Orford is off. End of.
But, like Adey has excellently covered, the drama is just beginning. Bradford have a very, very viable case to claim mitigation on the grounds of how long this farcical scenario has been left to drag out, and the minimal time we have left to find a replacement.
Having said that, I'd be astounded if Potter wasn't going back home on his 'holiday' without the knowledge he might have to do a little bit of scouting or ringing a few contacts to engage in some sort of replacement activity.
Also, any cash we get from Orford enables us to look at half-backs that are currently in contract more seriously (and one's that play in a red V...)
And re: Orford, the class of the man has been destroyed. Dally M winner maybe, but dignity, and professionalism, the man has none. Comparing him to Menzies puts his actions truly into perspective, and I fully wish Paramatta the best of luck finishing bottom next year.
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| If Orford is leaving this quote from the above article sums it up for me.
Quote Triple M's Marto from The Cage says it's effing wrong if you sign a contract and ask fans to believe in you and then renegade on that to come back to Australia.'"
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| Quote ="Ewwenorfolk"[urlhttp://www.triplem.com.au/sydney/sport/nrl/news//blog/mg-matt-orford-not-answer-for-eels/20101012-a4xj.html[/url
Mark Geyer thinks we should ask for Daniel Mortimer and another player. Yes please!!!'"
Problem with that scenario is we will only have quota space for one player from nrl.
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| Mortimer isnt all that anyway.
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| Indeed. If Mortimer was that good why would they also want Orford. Clearly Kearney sees issues with the Eels halfbacks.
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| Quote ="Bullseye"Indeed. If Mortimer was that good why would they also want Orford. Clearly Kearney sees issues with the Eels halfbacks.'"
I was under impression Eels wanted Orford as a short term solution with aim being he would help to train Mortimer up so Mortimer could take over when Orford retired. I'd imagine that was our plan with Southernwood and Ox too. Obviously that plan would go out of window if Eels released Mortimer to us. Plus we've already got a decent prospective halfback in Southernwood, We need someone ready to play 1st team now.
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| I dont want another stupid Aussie coming over and then beefing off after a season to be with his mummy and daddy.
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| Quote ="Bulls4Champs2010"I dont want another stupid Aussie coming over and then beefing off after a season to be with his mummy and daddy.'"
ok we'll never sign another overseas player ever again just in case we have a repeat
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| Quote ="mat"ok we'll never sign another overseas player ever again just in case we have a repeat
'"
Good. They are soft whingers on the whole
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| Quote ="AaronBull"
Also, any cash we get from Orford enables us to look at half-backs that are currently in contract more seriously (and one's that play in a red V...)
'"
Soward or Hornby then?
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| Quote ="Bulls4Champs2010"I dont want another stupid Aussie coming over and then beefing off after a season to be with his mummy and daddy.'"
Any young Aussie will be straight back down under as soon as he gets a chance of first grade. Dobson did it, didn't make the grade & came back.
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| Quote ="tigertot"Any young Aussie will be straight back down under as soon as he gets a chance of first grade. Dobson did it, didn't make the grade & came back.'"
I'd settle for one that just honours his contract instead of stamping his feet part way through it that he wants to take his ball home.
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