Haha am I really? Haha your response says it all. I make an extremely valid legal point. And your response is to throw a tantrum and call me names.
A party that claims an Act of God has prohibited them from performing their contract obligations must still abide by the full terms and conditions of the original contract when said Act of God no longer remains a factor.
No party has the ability to unilaterally change the terms and conditions of a contract without the express consent of the other party, regardless of an Act of God or not.
So due to our discussion we’ve ascertained the following facts haven’t we Cactus:
1. The 2018-2022 media contract was clearly entered into by Nine and Foxtel on the presumption that the NRL would provide 25 rounds, 3 SOO, internationals, Women’s NRL etc each year.
2. On 24 March 2020, the NRL announced it was suspending its season indefinitely. They claimed an “Act of God” prohibited them from meeting its contractual obligations to players and media partners.
3. On 9 April 2020, NRL announced it planned to restart the game on 28 May 2020. Despite at least a week of media speculation about a 15 round competition and split conferences etc, the NRL made no commitment to fulfil its legal obligation to provide Nine and Foxtel 25 rounds of football etc.
4. After the NRL failed to engage stakeholders prior to the announcement to resume on 28 May, Nine issued a very public rebuke about the the NRL’s poor stakeholder management and previous poor financial management of the game. A day later the Chairman of the NRL publicly apologised to Nine and confirmed he would repair the ill will.
5. In the last 5 days, the Chairman NRL confirmed he was negotiating with both Nine and Foxtel regarding the 2018-2022 media contract.
6. Media reports now suggest negotiations centre around a shortened season, with 3 SOO games to take place in three consecutive weeks after the end of the comp. Both Nine and Foxtel want to have the current 2018-2022 media deal extended two years until 2024. Both Nine and Foxtel are yet to inform the NRL what they are willing to pay for the remainder of the 2020 season. Negotiation on new terms and conditions of the 2018-2022 media deal will continue next week.
So Cactus please engage me in an intellectual discussion about how contracts work. Provide me your expert legal argument about the following:
1. Tell me how Nine are in breach of the 2018-2022 media contract when it is the NRL that has failed to fulfil its contractual obligations since 24 March 2020?
2. Tell me how an Act of God can allow a party to unilaterally decide to change the terms and conditions of a contract without the express permission and consent of the other contractual party?
I’m happy for you to prove me wrong with rational legal argument. Point me to the case law and legislation that backs up your position.
There is one main reason why the NRL are entertaining Nine and not opening up bids from other networks. And that reason is because they contractually and legally have no option. Nine and Foxtel hold all the cards because the NRL have to fulfil ALL its legal obligations under the 2018-2022 deal once the season resumes on 28 May 2020.
And this is why Nine is saying it’s willing to take a financial hit this year in broadcasting the season if they get rewarded with an additional two years on the 2018-2022 media deal.
I may have been initially misinformed and jumped the gun on my claim that triggering the Act of God clause voided the contract. But having amended my thinking, I’m pretty sure my position is rock solid.
I’ll refrain from childish insults toward you Cactus. But you’d be a fool to think I’m stooopid and have no f**king idea about contract law.
Engage me on the merits of my legal argument all you want. Just don’t carry on like a chimp flinging crap at visitors at the zoo. It’s very unbecoming of you Cactus old buddy old pal.
Now that's a missile attack that's hit the target.
90% of folks on this forum aren't thinking logically. We hate 9, they provide a shit rugby league package (i don't disagree here) they're merkins, they've criticised the game, blah-blah-blah.
C9 and Fox made their January 1 quarterly payment under the terms of the contract. In financial terms, that was an advance on a quarter of the value of 2020 product. Did the broadcasters get a quarter of the value though in that time? Just two rounds of regular season footy, no SOO, no finals, I'd say the NRL are currently well ahead on the contract up to the suspension of footy, given the product they've delivered.
We all know due to their perilous financial state, the NRL were desperate to get the season to April 1, merely to trigger the second payment (half the 2020 value) and they would've been even further ahead in terms value among all parties. They didn't get there. The broadcasters are wiping their brow they didn't get there, because they knew, like the rest of us, that the season was going to get canned. It didn't stop the NRL from attempting to secure yet another 'advance' off their partners.
and entitled flogs like fonua-blake would be getting paid more for doing f**k all, while 5m of us unemployed are scraping day-to-day and finding odd jobs to make ends meet.
