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Warriors sign young star Etene Nanai.

shiznit

Coach
Messages
14,802
lol...

He signed a contract. Unless the contract is unfair/unreasonable (the terms used in statute), it is enforceable - being a minor gives him that protection, but no more.

For the purposes of being able to sign a contract, a hire purchase contract isn't a whole lot different to a limited term contract of employment (certainly has more similarities than ongoing employment...). Now, if the Warriors signed him to a very long term contract (5, 6+ years etc) that would be a different issue...

He has the ability to pursue whatever career he wants - after the term of his contract (2019?).

It's much more likely a judge chooses to enforce a contract rather than void it, given the precedent he would be setting - every employment contract for every person under the age of 18 (ie. all sports contracts) would be worthless... effectively paying young athletes for no commitment. It would completely change the landscape of professional sport pathways in the country.

Anyway, I believe from memory there are only 2 instances of judges voiding contracts on the basis of one party being a minor. The first was ruled unfair/unreasonable because the plaintiff (a bank) had ignored it's own credit limits and lent the defendant (the minor) more money than was agreed upon - that being construed as predatory practice. The second was ruled invalid because of a mistake by the plaintiff (a credit union) with regard to the age of the defendants - this could be seen as a poor examination of the applicants for the loan (and thus the basis for an unreasonable contract).

That's the standard under NZ law to void a contract (I'll go find the specific case names if you want to refer to them...). So unless the Warriors did a major f up, the contract is definitely going to be enforceable.
Lmfao... a contract isn't necessary a contract actually...

If it EVER went to court there would be a number of different aspects they would have to look at... is his contract with the Warriors purely a development contract??? If so... is the other contract he signed a full time contract??

Good luck trying to argue to a judge to enforce a minor to adhere to a part time development contract when he's been offered a fulltime contract.

And lmfao... setting precedent definitely would be an issue for a judge.

In fact I'm pretty sure this wouldn't even be setting a precedent...

Entertainment contracts in the music industry are broken by minors so often that it's now standard in that industry to have minors sign letters of intent which they resign to a full contract and receive a signing bonus for once they turn 18.

If this kid wants to play rugby he will be playing rugby... and sure as day the Warriors will do nothing about it... which is why it will never get anywhere near court.

The Warriors would end up looking bad as the RU Journos will paint them out as some sort of modern day slave traders... which will have an affect on them signing other young RU kids...

and all for a kid who doesn't want to be there and will end up resenting the joint and probably sign for RU in 18months anyway...
 

jaseg

Juniors
Messages
2,274
Lmfao... a contract isn't necessary a contract actually...

If it EVER went to court there would be a number of different aspects they would have to look at... is his contract with the Warriors purely a development contract??? If so... is the other contract he signed a full time contract??

Good luck trying to argue to a judge to enforce a minor to adhere to a part time development contract when he's been offered a fulltime contract.

And lmfao... setting precedent definitely would be an issue for a judge.

In fact I'm pretty sure this wouldn't even be setting a precedent...

Entertainment contracts in the music industry are broken by minors so often that it's now standard in that industry to have minors sign letters of intent which they resign to a full contract and receive a signing bonus for once they turn 18.

If this kid wants to play rugby he will be playing rugby... and sure as day the Warriors will do nothing about it... which is why it will never get anywhere near court.

The Warriors would end up looking bad as the RU Journos will paint them out as some sort of modern day slave traders... which will have an affect on them signing other young RU kids...

and all for a kid who doesn't want to be there and will end up resenting the joint and probably sign for RU in 18months anyway...

I never said anything about the Warriors actions / PR view etc... just the legal view. That's a different issue to the strictly legal question of if the contract is enforceable.

As for a contract isn't a contract... now you're just moving the goalposts. Clearly all of the above has been on the proviso that the Warriors actually have him signed to a playing contract. Otherwise the question is just bloody moot.

And yes mate, it would be setting precedent (and yes, that is a significant consideration for a judge in any case). Unless you can find me existing precedent? I'm fairly familiar with NZ contract law, and don't know of any...

(the cases I mentioned in my prev post were Morrow & Benjamin Ltd v Whittington and Wine Country Credit Union v Rayner)
 

ozbash

Referee
Messages
26,922
Oh, and f*** off Chiefs


Yea.. who the f**k would want to watch a team who respected their supporters, enjoyed a winning culture, we're accountable to themselves, showed weekly courage and tenacity ???

Yep, you'd need your f**king head read...
 

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