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Neil Taylor signs new four-year contract with Swansea


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er do they not grasp the idea of a buyout clause? because I sure ain't heard of a clause that allows the player to speak to a club but not actually accept the bid

 

No-one on this board has seen this supposed "buy-out" clause.  It may very well only permit initial talks. 

 

Eh? How would that work in any way :lol:

 

Easy.  Clubs are not obligated to allow their players to talk with any clubs whilst they are under contract.  It is entirely at their discretion.  An "interest" clause is just that.  From what I can gather, no money changes hands at that stage. It gives the selling club an opportunity to test the buying club's resolve without forcing them to sell.

 

Are you actually saying these words? Bloody hell you're a weirdo if you believe any of that.

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Guest guinness_fiend

You're nuts.

 

Perhaps, but I'm also a lawyer and have seen some fairly crazy clauses get thrown into contracts.  Many of which are deemed unfair contract terms when actually tested.

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Guest guinness_fiend

er do they not grasp the idea of a buyout clause? because I sure ain't heard of a clause that allows the player to speak to a club but not actually accept the bid

 

No-one on this board has seen this supposed "buy-out" clause.  It may very well only permit initial talks. 

 

Eh? How would that work in any way :lol:

 

Easy.  Clubs are not obligated to allow their players to talk with any clubs whilst they are under contract.  It is entirely at their discretion.  An "interest" clause is just that.  From what I can gather, no money changes hands at that stage. It gives the selling club an opportunity to test the buying club's resolve without forcing them to sell.

 

Are you actually saying these words? Bloody hell you're a weirdo if you believe any of that.

 

See above.

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You're nuts.

 

Perhaps, but I'm also a lawyer and have seen some fairly crazy clauses get thrown into contracts.  Many of which are deemed unfair contract terms when actually tested.

 

Wtf.  You're 28 and from Manchester?

 

I thought you were like 18 and from Ireland. :S

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er do they not grasp the idea of a buyout clause? because I sure ain't heard of a clause that allows the player to speak to a club but not actually accept the bid

 

No-one on this board has seen this supposed "buy-out" clause.  It may very well only permit initial talks. 

 

Eh? How would that work in any way :lol:

 

Easy.  Clubs are not obligated to allow their players to talk with any clubs whilst they are under contract.  It is entirely at their discretion.  An "interest" clause is just that.  From what I can gather, no money changes hands at that stage. It gives the selling club an opportunity to test the buying club's resolve without forcing them to sell.

 

So what, you pay £1 million to talk to the player?

 

Or you bid £1 million, they have to accept and let you speak to the player, but then you go back and negotiate a new fee?

 

There is absolutely no point to that whatsoever man. Why would it even exist?  :lol:

 

This, it is a ridiculous clause to have!

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That's all well and good, but can you explain what the actual function of such clause would be?

 

To trick the player into signing the contract under the impression that he has a reasonable release fee if another club comes in for him? It sounds mental but I can't think of any other reason for it.

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That's all well and good, but can you explain what the actual function of such clause would be?

 

1.  A club is not obligated to permit a player to speak to another club whilst under contract.

2.  An "interest" clause would serve as an automatic trigger to allow such talks, if say the amount stated in the clause were offered (the proposed buying club would not have to pay the sum just to speak to the player, rather make an offer in that amount.

3.  The selling club can then attempt to negotiate a higher fee without being obligated to sell, thereby taking the power away from the player (which differs from the position under a "buy-out" clause).

4.  If the buying club offers more, the selling club is quids in.  If not, tough luck.

 

It's a fairly sensible idea if you ask me, but I would imagine that the FA and the PFA would rule in favour of the player, as contracts are not worth the paper that they are written on nowadays, seeing as every player has a Brabners lawyer and a Del Boy agent behind them.

 

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Is it really true that a player can't talk to another club without their current employer's permission? Surely it would breach all sorts of freedom of employment laws?

 

To do so would be 'tapping up', I guess. Which is against FA rules or whatever, but not illegal.

 

It clearly goes on daily at every level of the professional game though.

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£1 Million just to talk to other clubs, wtf are Swansea mad? If it's in his contract he can leave for that amount then there's nothing that they can do about it other than be arseholes and see if we will cough up extra (which we rightfully won't) just to get things moving rather than go down the legal route.

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Guest guinness_fiend

Is it really true that a player can't talk to another club without their current employer's permission? Surely it would breach all sorts of freedom of employment laws?

 

I'm not an employment lawyer (commercial, EU and construction law are my bag) but a restrictive covenant clause can do just that, but I suppose that it could be contested.  An alternative would be for the player to resign I suppose, but I would expect there to be a reciprocal compensation clause in the contract that would allow the club to recover costs from the player.

 

EDIT 1: And Dave makes a good point, to do so would be "tapping up".

 

EDIT 2: Which MA would never do, as he's a good little boy...

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That's all well and good, but can you explain what the actual function of such clause would be?

 

1.  A club is not obligated to permit a player to speak to another club whilst under contract.

2.  An "interest" clause would serve as an automatic trigger to allow such talks, if say the amount stated in the clause were offered (the proposed buying club would not have to pay the sum just to speak to the player, rather make an offer in that amount.

3.  The selling club can then attempt to negotiate a higher fee without being obligated to sell, thereby taking the power away from the player (which differs from the position under a "buy-out" clause.

4.  If the buying club offers more, the selling club is quids in.  If not, tough luck.

 

It's a fairly sensible idea if you ask me, but I would imagine that the FA and the PFA would rule in favour of the player, as contracts are not worth the paper that they are written on nowadays, seeing as every player has a Brabners lawyer and a Del Boy agent behind them.

 

 

Still makes absolutely no sense whatsoever, this bit.

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Guest guinness_fiend

That's all well and good, but can you explain what the actual function of such clause would be?

 

1.  A club is not obligated to permit a player to speak to another club whilst under contract.

2.  An "interest" clause would serve as an automatic trigger to allow such talks, if say the amount stated in the clause were offered (the proposed buying club would not have to pay the sum just to speak to the player, rather make an offer in that amount.

3.  The selling club can then attempt to negotiate a higher fee without being obligated to sell, thereby taking the power away from the player (which differs from the position under a "buy-out" clause.

4.  If the buying club offers more, the selling club is quids in.  If not, tough luck.

 

It's a fairly sensible idea if you ask me, but I would imagine that the FA and the PFA would rule in favour of the player, as contracts are not worth the paper that they are written on nowadays, seeing as every player has a Brabners lawyer and a Del Boy agent behind them.

 

 

Still makes absolutely no sense whatsoever, this bit.

 

I know you don't agree, but to me it makes perfect sense, as it's a negotiating tool.  It's a stark contrast to a "buy-out" clause, which essentially forces a club to sell to whoever meets the asking price (subject to the player's consent), which leaves the selling club largely impotent.

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Is it really true that a player can't talk to another club without their current employer's permission? Surely it would breach all sorts of freedom of employment laws?

 

To do so would be 'tapping up', I guess. Which is against FA rules or whatever, but not illegal.

 

It clearly goes on daily at every level of the professional game though.

 

No doubt, but surely anyone is free to have an interview for another employer any time he wishes?

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