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Oilers » Mike Green Opts out of Return-To-Play

Re: Mike Green Opts out of Return-To-Play [message #763280 is a reply to message #763268 ]	Mon, 13 July 2020 12:07

Adam
Messages: 6845
Registered: August 2005
Location: Edmonton, AB

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Magnum wrote on Mon, 13 July 2020 09:23

Adam wrote on Mon, 13 July 2020 08:41

Magnum wrote on Mon, 13 July 2020 08:27

Adam wrote on Mon, 13 July 2020 00:24

CrudeRemarks wrote on Sun, 12 July 2020 22:46

Adam wrote on Sun, 12 July 2020 21:17

CrudeRemarks wrote on Sun, 12 July 2020 10:19

As we’ve heard there are still ongoing discussions about the Lucic pick, Oilers should push for the draft pick to be a later round as a result of this. Might not go anywhere but until the other stuff is settled I wouldn’t just accept the loss.

Can't see this being a successful argument though - if we'd made the trade and he was just injured (as he was, actually), we could've been in the same situation.

The good news is that if we go deep in the playoffs, then the pick doesn't upgrade as the original conditions set out that he needed to play half the games.

I don't have any issue with Benning as the third RD. He does something right, because he just doesn't get scored on at the same rate as other Oilers defencemen year after year. I don't think he's likely to elevate to a top pairing guy ever in his career, but with controlled minutes, he does well and the team outscores opponents when he's on the ice.

I agree it's low probability, but slightly higher if they lose the Lucic pick. I'd be making a stink.

I can't see the Flames being successful on that appeal. They set the parameters and they weren't achieved. Neal was injured up until COVID killed the season, so no guarantees he would have scored enough goals. There's just no good argument to give the Flames the pick.

I'd say based on the intention of the clause, that they'd have an argument.

There's nothing in the clause about pro-rating. Both players could have been injured, and Neal was. The fact the season didn't finish isn't contemplated. Daly and Bettman are both lawyers, and in contract law, what the deal actually says is of paramount importance and there's not a lot of room for interpreting when specific numbers are detailed. The clause specifically says if Neal has 21 or more goals and that's at least 10 more than Lucic, then we owe the pick. Neal didn't score 21 goals. Period.

I don't disagree that he didn't score 21 goals. You and I have taken basically, if not exactly, the same classes on law, so you definitely know that the spirit of the law can be just as, or more important than the specifics.

What if there's an "Act of God" clause? Most contracts have those. I'm sure that due to unprecedented times, unprecedented things will result.

I don't think that they get the pick, but if I know anything about law, it's that decisions occur that are unexpected, and seemingly counter-intuitive.

My guess, is that if you CanLii it up for 30 minutes, you'll find at least one example where the wording was trumped (small "t") by the spirit of the law.

There's no act of god clause. What would that even look like in a deal like this?

This will be decided by lawyers, but not in any court. I would be absolutely flabbergasted if the Oilers had to give up the pick. There were clearly set out parameters, and they didn't happen.

I have a little more exposure to contract law than a couple of legal relations classes in university 20-odd years ago. I feel pretty confident here.

"Thinking that a bad team's best players are the reason the team is bad is the "Tambellini re-signing Lennart Petrell" of sports opinions." @Woodguy55
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Mike Green Opts out of Return-To-Play	By: smyth260 on Sat, 11 July 2020 17:41
Re: Mike Green Opts out of Return-To-Play	By: Kr55 on Sat, 11 July 2020 17:55
Re: Mike Green Opts out of Return-To-Play	By: Adam on Sat, 11 July 2020 20:02
Re: Mike Green Opts out of Return-To-Play	By: Kr55 on Sat, 11 July 2020 21:49
Re: Mike Green Opts out of Return-To-Play	By: Skookum Jim on Sun, 12 July 2020 02:24
Re: Mike Green Opts out of Return-To-Play	By: inverno76 on Sun, 12 July 2020 09:01
Re: Mike Green Opts out of Return-To-Play	By: CrudeRemarks on Sun, 12 July 2020 10:19
Re: Mike Green Opts out of Return-To-Play	By: Gator21 on Sun, 12 July 2020 12:25
Re: Mike Green Opts out of Return-To-Play	By: Kr55 on Sun, 12 July 2020 12:34
Re: Mike Green Opts out of Return-To-Play	By: Skookum Jim on Sun, 12 July 2020 19:47
Re: Mike Green Opts out of Return-To-Play	By: Adam on Sun, 12 July 2020 21:13
Re: Mike Green Opts out of Return-To-Play	By: Adam on Sun, 12 July 2020 21:17
Re: Mike Green Opts out of Return-To-Play	By: CrudeRemarks on Sun, 12 July 2020 22:46
Re: Mike Green Opts out of Return-To-Play	By: Adam on Mon, 13 July 2020 00:24
Re: Mike Green Opts out of Return-To-Play	By: RDOilerfan on Mon, 13 July 2020 06:27
Re: Mike Green Opts out of Return-To-Play	By: Magnum on Mon, 13 July 2020 08:27
Re: Mike Green Opts out of Return-To-Play	By: Adam on Mon, 13 July 2020 08:41
Re: Mike Green Opts out of Return-To-Play	By: Magnum on Mon, 13 July 2020 09:23
Re: Mike Green Opts out of Return-To-Play	By: Adam on Mon, 13 July 2020 12:07
Re: Mike Green Opts out of Return-To-Play	By: Magnum on Tue, 14 July 2020 07:04
Re: Mike Green Opts out of Return-To-Play	By: Gator21 on Fri, 14 August 2020 14:34
Re: Mike Green Opts out of Return-To-Play	By: Adam on Fri, 14 August 2020 14:42
Re: Mike Green Opts out of Return-To-Play	By: GabbyDugan on Fri, 14 August 2020 15:26
Re: Mike Green Opts out of Return-To-Play	By: Adam on Fri, 14 August 2020 15:44
Re: Mike Green Opts out of Return-To-Play	By: Adam on Fri, 14 August 2020 15:53
Re: Mike Green Opts out of Return-To-Play	By: Kr55 on Fri, 14 August 2020 16:11
Re: Mike Green Opts out of Return-To-Play	By: Adam on Fri, 14 August 2020 16:24
Re: Mike Green Opts out of Return-To-Play	By: Kr55 on Fri, 14 August 2020 18:55
Re: Mike Green Opts out of Return-To-Play	By: Adam on Sun, 16 August 2020 20:50
Re: Mike Green Opts out of Return-To-Play	By: Kr55 on Sun, 16 August 2020 21:06
Re: Mike Green Opts out of Return-To-Play	By: Adam on Mon, 17 August 2020 09:09
Re: Mike Green Opts out of Return-To-Play	By: Kr55 on Mon, 17 August 2020 12:44

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