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R@M

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About R@M

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  1. R@M

    Emiliano Sala

    So the agent father, who may have a stake in the player (part owner?) arranged the flight on behalf of his agent son, who brokered the deal for Nantes, and who may be part of the same agency as his father? If the flight is found to be negligent in law, the defendants could include (and not exclusively) 1.Nantes as potential employers of the flight procurer 2.The agent as flight procurer 3.the pilot 4.Agent/part owner Willie McKay for instructing his son It is a mess, and may seem pedantic, but that is what insurance is, as is tort law. I don’t blame Cardiff for not just handing over 15million.
  2. R@M

    Emiliano Sala

    The link is to a BBC news website so......probably?
  3. R@M

    Emiliano Sala

    Concise and sensible presumption. You are however missing one very important fact. The agent, who arranged the plane, was engaged (you could say employed) by Nantes to find a buyer, conduct all the negotiations and then arranged the flight. I think it is entirely appropriate for Cardiff to withhold payment until the outcome of the investigations are completed. Nantes could be ultimately responsible from a negligent point of view. If you buy a one off, (painting for example) and the transport arranged by the owner is responsible for damaging it, even if you have agreed to buy it, would you?
  4. I’m guessing Parsnip is in trade, (plasterer?) and you are HMRC?
  5. R@M

    Emiliano Sala

    Irrelevant, unless he was told to sit in the path of the bus by Nantes? Did Nantes also hire the bus and was the driver qualified to drive the bus? I’d suggest the same conversation would be had. I am generally not a fan of Cardiff, but think it is a sensible decision to wait on outcomes from the investigation and possible court action before paying a penny. Also, should the thread title now be changed?
  6. Fair point, but by then I wouldn’t be bothered! And I’m not sure abramovic thinks that far ahead.
  7. The point no one seems to be making though is more about Abramovic.....does anyone actually say no to him? Would Frank have a choice if he was offered the job, on the basis that if he turned Roman down, is that it forever? ”Don’t worry Frank, publicly humiliate me and make the Chelsea fans hate me, you can have the job when you are ready!l”
  8. I’m not.....just in case! Wouldn’t want to have to turn her down in my local.
  9. R@M

    Emiliano Sala

    It may not be deemed an act of god. Negligence could be argued on multiple factors. what was the weather report at the time of leaving? What was the state of the plane? Did the pilot have a commercial license and qualified to take passengers? Negligence in law is defined as the defendant owed them a duty of care; the defendant was in breach of that duty; the breach of duty caused damage and; the damage was not too remote. Clearly there could be a case. As the agent arranged the flight, and the agent was employed by Nantes, there could be 1,2 or 3 defendants. Put it like this, if you have agreed to buy something, and the company you are purchasing the product from are still moving the product around and they subsequently damage it, would you pay for it?
  10. His stride was approx 2m, he looked down when over Oliveira’s head, broke his stride at about 1m, angled his lower leg back which is something you would never do to try and steady yourself, made sure he connected, and then put in a full stride with left leg forward to land and balance. Mens rea would be hard to prove in a court, but negligent actual bodily harm on the basis of recklessness I would think is possible.
  11. I’m guessing they still aren’t on the best of terms!
  12. R@M

    Emiliano Sala

    The article mentioned earlier in the post shed some light on how this transfer came about....it was the agent who approached Nantes and the player. The agent represented Nantes throughout and was the one who organised the plane, directly with the pilot. If there was anything ‘reckless’ about the plane or pilot, there is a potential breach of duty of care to the player and possibly Cardiff. It would then need to be decided where the responsibility sits, the pilot, the agent their employer (Nantes) or a combination.
  13. R@M

    Emiliano Sala

    Sorry situation, but really you have to question Nantes’ motives. They have threatened legal action before the contractual payment deadline, which in business terms is very strange. On the outside it looks quite simple (discounting foul play) Cardiff and Sala signed the contract. Cardiff need to pay the agreed amount and should have their own insurance to cover the financial loss, as recompense. However it transpires the agent, who was acting on behalf of Nantes, is the one who booked the plane. This could leave the agent and ultimately Nantes open to a civil suit for damages from both Cardiff and the family in light of the initial observations of the plane, and depending on the outcome of the crash investigation.
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