McCracken wins court case

[smeghead]

Business law is somehow differnt to normal law????

Just one question Warrior by normal law what do you mean, Criminal, Torts, Contractual, Constitutional or maybe natural law if you want to hark back to that old chestnut. Like an Australian Bill of Rights "Normal Law" does not exist. In actuality situations like these involve precedents from many different braches of law.

BTW from my understanding of the proceedings it would appear if the club took an approach of sit back and hope for the best in the respect that they really never presented a coherent defence just themed it we have nothing to defend.

Also if a service station is robbed and the attendant attacks the robber with a weapon provided under the counter by the store than the store or corporation is liable as they facilitated the level of the incident.

So NZ Warrior I hope that provides some of the answers you seek, if not just state what you want to know and i'll see what I can do

 

[NZ Warrior]

You will find that you have quoted Misty Bee. Please do not ever mistake another Misty Bee quote as mine, you moron. I said normal BUSINESS law but you are probably going to say there is no such thing as that even. To which I will tell you to f**k off and stop being so pedantic.

You must have a very f**ked up understanding if you seriously think the Melbourne Storm would sit back and not plead their case.

The scenario you mentioned was completely f**king different to the one mentioned earlier and both have total irrelevance to the spear tackle incident.

I appreciate your OFFER OF HELP, but I fear if I ACCEPTED YOUR HELP, I would need to seek PROFESSIONAL HELP.

(I apologise if you were genuinely trying to help. #-o )

 

[Misty Bee]

Business law is somehow differnt to normal law???? I thought the Rugby Legal cases of the late 90's sorted that one out.

OK, what are you talking about. If you need the difference between Business Law and Actual Law explained to you, then your education system has failed you.

And thank god for that, given that business law is part of 'actual' law, as is all laws, Well, here on Earth it is anyway. Dunno about your planet.

Re Bai, it's clear that he sued because of an injury sustained during a match, due to someone's negligence. I guess you couldn't make that connection - you were too worried about spelling accuracies!

I wasn't debating IF he sued, I was debating WHO he sued. I guess if your reading comprehension skills match your spelling skills, that would explain this f**k up.

I was actually ersponding to your question re crackers suing OPT for the hard ground. If someone asks me a question, I am usually prolite enough to reply, though maybe not smart enough to detect if you are smart enough to remember the question you asked.

I don't know why you bother either!

 

[NZ Warrior]

You didn't actually think I was serious when I suggested Mr McCrack should sue OPT for the hard ground, did you!?!?!?

Look this has been very draining for me today, I didn't realise idiots were such hard work, I normally just wash my hands of them. But I must have held a glimmer of hope for some of you. Why, I ask myself.

I need to go and lie down, such a waste of time.

 

[NZ Warrior]

Thank God, some of the answers I've been seeking...

Storm claim they won't pay out
By Dean Ritchie and Bruce Wilson
February 24, 2005

MELBOURNE yesterday claimed the club's liability insurance would cover the Jarrod McCracken court case and the Storm would not be forced to outlay a dollar.

Rugby league's most topical question yesterday was who would pay the damages of more than $750,000 awarded to McCracken after a court ruled former Storm players Marcus Bai and Stephen Kearney were liable for the neck injury which ended McCracken's career.

Melbourne officials yesterday said the damages would be covered by the NRL's central policy.

"We take out public liability insurance which covers the NRL, the clubs and the players," said NRL chief operating officer Graham Annesley.

Kearney and Bai went on with their rugby league careers yesterday as officials from their English clubs said they believed the two players would not be liable personally to pay damages to McCracken.

An official at Hull, where Kearney recently signed, said the player had decided to make no public comment on the ruling.

"Stephen said he thought there were too many politics involved for him to say anything at all at this stage," the official said.

Officials at Leeds Rhinos, where winger Bai is a key player, did not return calls but Bai is expected to turn out for Leeds at the weekend.

Sports solicitor Richard Cramer, who is based in Leeds in the heart of English rugby league country, played down the significance of the judgment and said it had not surprised him.

"It is not ground-breaking. There have been one or two similar cases in Australia and I've been involved in a number of cases in England which have set a precedent," he said.

"What it does do is send a message out to clubs and players that, if there is an illegal tackle, such as a late tackle or a spear tackle, and a player receives personal injuries or his career is threatened, then that player can bring a claim against both the club and the players."

Cramer won damages for former Leeds hooker Robbie Mears against St Helens forward Sonny Nickle for a broken jaw in 2001 and is involved in a current claim by Doncaster player Matt Walker against Hull's Dale Holdstock.

The McCracken case could also have a flow-on effect with the AFL, which this season is adopting the rugby league model of lesser penalties for players who plead guilty without need for a tribunal hearing.

"The Supreme Court justice in this case certainly relied on the pleas made by the players at the NRL judiciary, so clearly there is some bearing on what is said at the judiciary," said Rugby League Players Association president Tony Butterfield. "Therefore players will have to really seriously consider taking these early pleas which, as we all know, were designed to clear a bit of a backlog."

The Daily Telegraph

 

[Mighty Tiger]

Look this has been very draining for me today

Poor little busby wusby looks like he needs to put his dummy back in - a volunter please?

I didn't realise idiots were such hard work

Idiots normally think that!

I normally just wash my hands of them.

You could of fooled us given there had to be some idiotic influence and idols you follow

But I must have held a glimmer of hope for some of you. Why, I ask myself.

Maybe its the Kiwi in you, probably use to the amount of wankers and deviots over there and you thought you might be able to get some followers over here - sorry to dissapiont!

I need to go and liedown, such a waste of time.

You tend to "lie" alot as we have discovered through this thread, a waste of time then why the constant replies? Its clear you think we arn't!

 

[lockyno1]

Q. Is it the fact when you knew he was in a dangerous position you pushed your left hand up so it pushed Mr McCracken's left hand into the air?
A. Yes.

Q. I am suggesting you are also lifting his right hip at the same time using your right shoulder so that Mr McCracken's lower half of his body went up in the air, is that correct?
A. That is correct.
Q. You did that intentionally, is that correct?
A. Yes.

These are from the case's decision and are important! They have admitted that they KNEW that he was in a dangerous position and still went through with the takle. The players could quite easily not dropped him on his head! I have studied law and the area of liabilty insurance is ridiculous to say the least! However, under law both the players involved and the club (employer) is responsible. The club is responsible just in the same manner as a building firm is responsible for someone who gets injured while they are working. In the end, players get paid to play Rugby League, which means they are working. It sets a dangerous precedent however under law it is 100% correct! If the players' used their barins and not dropped him on his head this would not have happened! Good decision

 

[NZ Warrior]

Maybe I have a problem with the law itself, but I'm sorry, I just don't see how the Melbourne Storm are....wait a minute, I'm not f**king getting into this again.

Too many Nimrods in here, not enough actual knowledge, or is there such a thing as ACTUAL knowledge. Or why don't we answer questions we have no f**king idea about. Then we should bring up totally irrelevant scenarios.

See, I bring actual news here, actual articles from papers informing you of the consequences of the case. You guys bring nothing but innuendo and hearsay.

Lockyno1, if you want to bring along the actual source, that would be great for your argument, and if you can also bring along some proof that you actually studied Law, that would be great too. I could say I studied Rocket science. Sorry, it's just DTA (Don't Trust Anyone) with me on the web.

Mighty Tugger, don't f**k with my quotes, I'll tell a moderator and get your ass kicked outta here. Read the rules, you prick. You really need to work on sentence structure, some of your shitty work just doesn't make sense.

 

[smeghead]

NZ Warrior I actually was generally trying to answer questions that it seemed you posted in a sometimes confusing thread, quotess inside quotes adnausium. I won't make that mistake again. I was providing an assessment on the transcripts of the trial that I have read but if you would prefer I will scan a copy from work where we get such information by the book on almost a daily basis along with the sections of relevant Business Law for you. That way you can look at the exact facts and then quote them from this case, like you claim you want to do.

Also really a block of abusive text and then a back handed "sorry if" does not really cut it dude. I have never actually spoken on any of your threads before so if you want to get abusive to someone without knowing your intentions than that is your problem I suppose. However if you want such information it will probably take about a week to scan it all or request a digital copy so just let me know.

 

[NZ Warrior]

Oh my God!!!! Someone genuinely trying to help???? I feel like shit, you are right, sorry does not cut it. I assumed you were of a similar vain to my mate, Might Tiger. But we all know what happens when you assume things.

Look, Smeghead. I got a bit aggro and excited. Things generally got out of hand and I was a prick. My apologise for whatever it's worth.

Seriously though, I think I've had an information overload on this topic and I would not want you to go through the hassle, especially since I've been a jackass to you.

 

[nqboy]

Someone pick up NZW's toys and put them back in the cot please.

 

[Mighty Tiger]

Mighty Tugger, don't f**k with my quotes, I'll tell a moderator and get your ass kicked outta here. Read the rules, you prick. You really need to work on sentence structure, some of your shitty work just doesn't make sense.

Would you like another Tissue, maybe you could come to a sponsors agreement with Sorbent or something after the amount they have dished out to you!

Go tell the mods especially tell Brook for me if I have infringed a forum rule :lol: :lol: :lol: :lol: :lol:

 

[NZ Warrior]

I don't think I'll be telling Brook for some reason. Look mate, I don't care any more. It's been great, I got what I wanted, even if it wasn't from you. I've learnt not to waste too much time on people like you. But it's always a bit of fun.

And if I need tissues, you need toilet paper to clean up the amount of shit that comes out of your mouth.

And cheers, NQboy. A really worthwhile contribution. But it's good to see you are supporting the Orcas' cause. A bit disheartening to see you have the GC in before us, but I guess that is justified.

 

[Mighty Tiger]

I don't think I'll be telling Brook for some reason. Look mate, I don't care any more. It's been great, I got what I wanted, even if it wasn't from you. I've learnt not to waste too much time on people like you. But it's always a bit of fun.

No probs it has been abit of fun seeing you twist and turn

And if I need tissues, you need toilet paper to clean up the amount of sh*t that comes out of your mouth.

Latest news report have you listed as the prime buyer of Silver Bears Scoops!

I guess 1 isn't enough for the amount of crap you spread around the place time after time after time again.

 

[NZ Warrior]

You geek :lol:

It's been fun, Mighty Tiger. Guess you're gonna have to find something more constructive to do.

 

[Mighty Tiger]

You geek :lol:

It's been fun, Mighty Tiger. Guess you're gonna have to find something more constructive to do.

Mate indeed it has!

All the best until next time ;-)

 

[NZ Warrior]

Well, this is quite amicable.

Catch you on the next verbal battle field. Good work.