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Luis Suarez' "Good faith clause"

Key quotes:

"It is different as it says if there is no qualification for the Champions League [by Liverpool] and if there is a minimum offer of £40million then the parties will get around the table to discuss things but it does not say the club has to sell.

"It quite clearly states £40million is a minimum offer for discussions, but it becomes really difficult with such clauses.

"There is a 'good faith' clause in relation to serious discussions but I can't say it is cast-iron buy-out clause.

So the main issue is this "Good faith clause" and its open to interpretation.

The "Good faith clause" In contract law, the implied covenant of good faith and fair dealing is a general presumption that the parties to a contract will deal with each other honestly, fairly, and in good faith, so as to not destroy the right of the other party or parties to receive the benefits of the contract.


It can be a breach of contract if found either party not operating in good faith

posted on 8/8/13

i would say that the contract means liverpool should open their stance. they have not told arsenal or suarez a price they would accept, they have not taken suarez's wishes to account either. they have acted like that line in the contract doesnt exist at all, the next move is on them

posted on 8/8/13

Gooner lawyers

comment by Vito (U4098)

posted on 8/8/13

ever been represented by one when you've been caught with hubcaps kneerash?

comment by Reggie (U13390)

posted on 8/8/13

http://www.dailymail.co.uk/sport/football/article-2386551/Luis-Suarez-Liverpool-transfer-latest-clause.html

Suarez, Guardiola and his lawyer believe they have a legally binding clause. Liverpool do not and nor do the PFA or the Premier League. Essentially what it says is this: if Liverpool do not qualify for the Champions League or if Liverpool receive a bid of more than £40m, the club will sit down ‘in good faith’ and discuss it.

It is not even remotely close to a trigger clause that would enable the Uruguayan to leave. As one insider said on Wednesday night, the Suarez camp ‘dropped the ball when it came to the phrasing of that sentence in the contract. It is so heavily caveated it amounts to nothing. Legally it is worthless.’

comment by Reggie (U13390)

posted on 8/8/13

WORTHLESS HE SAID!!

posted on 8/8/13

http://www.theguardian.com/football/2013/aug/07/luis-suarez-premier-league

Have a little look at this article, its with a top sports lawyer. I really like this bit!

Q) What about the verbal assurances that Suárez believes he received from Liverpool, agreeing to let him leave if someone offered more than £40m?

A) Any such assurances are legally irrelevant as Premier League contracts contain something called an "entire agreement" clause which excludes, or overrides, all prior verbal agreements. Morally it is a different matter, of course.

posted on 8/8/13

So which universities did you read law
-------------------
Masters in law UCL.

comment by Vito (U4098)

posted on 8/8/13

comment by FatJanMolby *I'm a boogie monster* (U4297)

posted 7 hours, 51 minutes ago

So which universities did you read law at John1 and Jenius99?

comment by Jenius99 (U4918)

Masters in law UCL.

---
Owned

posted on 8/8/13

To be fair, Don, I am not a lawyer. I am a strategy consultant and Law is not my fundamental degree.

Understanding principles doesn't need a degree. Its common sense. And I wasn't trying to WUM Liverpool fans. Its just that the media are all very Liverpool biased because they sell more papers to Liverpool fans. But the fact is Liverpool have never acted in good faith.

Fact is they are now calling it each other liars. There is no relationship there now. John Barnes opinion are very good on the whole matter.

posted on 8/8/13

Fact is they are now calling it each other liars. There is no relationship there now. John Barnes opinion are very good on the whole matter.
---------------
Poorly worded. They are calling each other liars and so there is no relationship there now. John Barnes has called it correctly that its too late now and Suarez has to go, even to Arsenal.

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