Cubs Sale Is Done

[Butcher]

<!--quoteo(post=61029:date=Sep 1 2009, 05:44 PM:name=savant)-->QUOTE (savant @ Sep 1 2009, 05:44 PM) <{POST_SNAPBACK}><!--quotec-->If Soriano was found to be the 36 o 37 instead of 33 could the Cubs void his contract?<!--QuoteEnd--><!--QuoteEEnd-->
Prolly.

[Kid]

<!--quoteo(post=61030:date=Sep 1 2009, 06:46 PM:name=Butcher)-->QUOTE (Butcher @ Sep 1 2009, 06:46 PM) <{POST_SNAPBACK}><!--quotec--><!--quoteo(post=61029:date=Sep 1 2009, 05:44 PM:name=savant)--><div class='quotetop'>QUOTE (savant @ Sep 1 2009, 05:44 PM) <{POST_SNAPBACK}><!--quotec-->If Soriano was found to be the 36 o 37 instead of 33 could the Cubs void his contract?<!--QuoteEnd--><!--QuoteEEnd-->
Prolly.
<!--QuoteEnd--></div><!--QuoteEEnd-->
As a straight up contract law matter, almost certainly yes. The question is how that would be dealt with under the CBA.

[Ace]

<!--quoteo(post=61040:date=Sep 1 2009, 07:42 PM:name=Kid)-->QUOTE (Kid @ Sep 1 2009, 07:42 PM) <{POST_SNAPBACK}><!--quotec--><!--quoteo(post=61030:date=Sep 1 2009, 06:46 PM:name=Butcher)--><div class='quotetop'>QUOTE (Butcher @ Sep 1 2009, 06:46 PM) <{POST_SNAPBACK}><!--quotec--><!--quoteo(post=61029:date=Sep 1 2009, 05:44 PM:name=savant)--><div class='quotetop'>QUOTE (savant @ Sep 1 2009, 05:44 PM) <{POST_SNAPBACK}><!--quotec-->If Soriano was found to be the 36 o 37 instead of 33 could the Cubs void his contract?<!--QuoteEnd--><!--QuoteEEnd-->
Prolly.
<!--QuoteEnd--></div><!--QuoteEEnd-->
As a straight up contract law matter, almost certainly yes. The question is how that would be dealt with under the CBA.
<!--QuoteEnd--></div><!--QuoteEEnd-->

Indeed. The union would fight like a beast. Whatever happened with that dude who got a prostitute? Rockies?

[Butcher]

<!--quoteo(post=61044:date=Sep 1 2009, 06:49 PM:name=Ace)-->QUOTE (Ace @ Sep 1 2009, 06:49 PM) <{POST_SNAPBACK}><!--quotec--><!--quoteo(post=61040:date=Sep 1 2009, 07:42 PM:name=Kid)--><div class='quotetop'>QUOTE (Kid @ Sep 1 2009, 07:42 PM) <{POST_SNAPBACK}><!--quotec--><!--quoteo(post=61030:date=Sep 1 2009, 06:46 PM:name=Butcher)--><div class='quotetop'>QUOTE (Butcher @ Sep 1 2009, 06:46 PM) <{POST_SNAPBACK}><!--quotec--><!--quoteo(post=61029:date=Sep 1 2009, 05:44 PM:name=savant)--><div class='quotetop'>QUOTE (savant @ Sep 1 2009, 05:44 PM) <{POST_SNAPBACK}><!--quotec-->If Soriano was found to be the 36 o 37 instead of 33 could the Cubs void his contract?<!--QuoteEnd--><!--QuoteEEnd-->
Prolly.
<!--QuoteEnd--></div><!--QuoteEEnd-->
As a straight up contract law matter, almost certainly yes. The question is how that would be dealt with under the CBA.
<!--QuoteEnd--></div><!--QuoteEEnd-->

Indeed. The union would fight like a beast. Whatever happened with that dude who got a prostitute? Rockies?
<!--QuoteEnd--></div><!--QuoteEEnd-->
How would the union have a leg to stand on?

[Kid]

<!--quoteo(post=61045:date=Sep 1 2009, 07:52 PM:name=Butcher)-->QUOTE (Butcher @ Sep 1 2009, 07:52 PM) <{POST_SNAPBACK}><!--quotec--><!--quoteo(post=61044:date=Sep 1 2009, 06:49 PM:name=Ace)--><div class='quotetop'>QUOTE (Ace @ Sep 1 2009, 06:49 PM) <{POST_SNAPBACK}><!--quotec--><!--quoteo(post=61040:date=Sep 1 2009, 07:42 PM:name=Kid)--><div class='quotetop'>QUOTE (Kid @ Sep 1 2009, 07:42 PM) <{POST_SNAPBACK}><!--quotec--><!--quoteo(post=61030:date=Sep 1 2009, 06:46 PM:name=Butcher)--><div class='quotetop'>QUOTE (Butcher @ Sep 1 2009, 06:46 PM) <{POST_SNAPBACK}><!--quotec--><!--quoteo(post=61029:date=Sep 1 2009, 05:44 PM:name=savant)--><div class='quotetop'>QUOTE (savant @ Sep 1 2009, 05:44 PM) <{POST_SNAPBACK}><!--quotec-->If Soriano was found to be the 36 o 37 instead of 33 could the Cubs void his contract?<!--QuoteEnd--><!--QuoteEEnd-->
Prolly.
<!--QuoteEnd--></div><!--QuoteEEnd-->
As a straight up contract law matter, almost certainly yes. The question is how that would be dealt with under the CBA.
<!--QuoteEnd--></div><!--QuoteEEnd-->

Indeed. The union would fight like a beast. Whatever happened with that dude who got a prostitute? Rockies?
<!--QuoteEnd--></div><!--QuoteEEnd-->
How would the union have a leg to stand on?
<!--QuoteEnd--></div><!--QuoteEEnd-->
Get me a copy of the CBA and I'll let you know.

[Butcher]

<!--quoteo(post=61047:date=Sep 1 2009, 06:53 PM:name=Kid)-->QUOTE (Kid @ Sep 1 2009, 06:53 PM) <{POST_SNAPBACK}><!--quotec--><!--quoteo(post=61045:date=Sep 1 2009, 07:52 PM:name=Butcher)--><div class='quotetop'>QUOTE (Butcher @ Sep 1 2009, 07:52 PM) <{POST_SNAPBACK}><!--quotec--><!--quoteo(post=61044:date=Sep 1 2009, 06:49 PM:name=Ace)--><div class='quotetop'>QUOTE (Ace @ Sep 1 2009, 06:49 PM) <{POST_SNAPBACK}><!--quotec--><!--quoteo(post=61040:date=Sep 1 2009, 07:42 PM:name=Kid)--><div class='quotetop'>QUOTE (Kid @ Sep 1 2009, 07:42 PM) <{POST_SNAPBACK}><!--quotec--><!--quoteo(post=61030:date=Sep 1 2009, 06:46 PM:name=Butcher)--><div class='quotetop'>QUOTE (Butcher @ Sep 1 2009, 06:46 PM) <{POST_SNAPBACK}><!--quotec--><!--quoteo(post=61029:date=Sep 1 2009, 05:44 PM:name=savant)--><div class='quotetop'>QUOTE (savant @ Sep 1 2009, 05:44 PM) <{POST_SNAPBACK}><!--quotec-->If Soriano was found to be the 36 o 37 instead of 33 could the Cubs void his contract?<!--QuoteEnd--><!--QuoteEEnd-->
Prolly.
<!--QuoteEnd--></div><!--QuoteEEnd-->
As a straight up contract law matter, almost certainly yes. The question is how that would be dealt with under the CBA.
<!--QuoteEnd--></div><!--QuoteEEnd-->

Indeed. The union would fight like a beast. Whatever happened with that dude who got a prostitute? Rockies?
<!--QuoteEnd--></div><!--QuoteEEnd-->
How would the union have a leg to stand on?
<!--QuoteEnd--></div><!--QuoteEEnd-->
Get me a copy of the CBA and I'll let you know.
<!--QuoteEnd--></div><!--QuoteEEnd-->
I'll see what I can do.

[Kid]

The CBA is online. It's 241 pages so I'm not going to read it but I virtually guarantee you that the CBA has language which controls how a contract may be voided. If such a scenario wouldn't provide a basis to void the contract under the CBA, then MLB couldn't void it. While absent the CBA, MLB would have certain legal rights, any decision by MLB to sign those rights away in the CBA is enforceable.

[savant]

Before you get the copy of the CBA, you need to come up with a birth certificate for Soriano that has 1974 or earlier on it.

[Butcher]

<!--quoteo(post=61050:date=Sep 1 2009, 06:56 PM:name=Kid)-->QUOTE (Kid @ Sep 1 2009, 06:56 PM) <{POST_SNAPBACK}><!--quotec-->The CBA is online. It's 241 pages so I'm not going to read it but I virtually guarantee you that the CBA has language which controls how a contract may be voided.<!--QuoteEnd--><!--QuoteEEnd-->
Without reading it, common sense would seem to dictate that if you give an athlete a contract, assuming they are 30 and they are actually several years older, that would be enough to void the contract. Of course, common sense doesn't always win.

[Kid]

<!--quoteo(post=61051:date=Sep 1 2009, 07:57 PM:name=savant)-->QUOTE (savant @ Sep 1 2009, 07:57 PM) <{POST_SNAPBACK}><!--quotec-->Before you get the copy of the CBA, you need to come up with a birth certificate for Soriano that has 1974 or earlier on it.<!--QuoteEnd--><!--QuoteEEnd-->

[Kid]

<!--quoteo(post=61052:date=Sep 1 2009, 07:58 PM:name=Butcher)-->QUOTE (Butcher @ Sep 1 2009, 07:58 PM) <{POST_SNAPBACK}><!--quotec--><!--quoteo(post=61050:date=Sep 1 2009, 06:56 PM:name=Kid)--><div class='quotetop'>QUOTE (Kid @ Sep 1 2009, 06:56 PM) <{POST_SNAPBACK}><!--quotec-->The CBA is online. It's 241 pages so I'm not going to read it but I virtually guarantee you that the CBA has language which controls how a contract may be voided.<!--QuoteEnd--><!--QuoteEEnd-->
Without reading it, common sense would seem to dictate that if you give an athlete a contract, assuming they are 30 and they are actually several years older, that would be enough to void the contract. Of course, common sense doesn't always win.
<!--QuoteEnd--></div><!--QuoteEEnd-->
I added to my post after you quoted it. You're right. Like I said, absent the CBA, they would certainly have a basis to void the contract. But if, by contract (i.e. the CBA), they limit the bases through which a contract can be voided, that limitation is enforceable.

[Butcher]

Holy shit! Soriano is 48?! And he's been using a fake name this whole time! And he isn't really Dominican!

[Ace]

Does no one remember the Rockie that had his contract voided (or tried to), for like, moral turpitude or some shit? I imagine that in the news write-ups there would be plenty of discussion regarding how and when a team can void a contract.

[savant]

It was a left handed pitcher from Pittsburgh originally.

[Kid]

Schedule A, Section 7 of the Uniform Player's Contract under the CBA:

<!--quoteo-->QUOTE <!--quotec-->TERMINATION

By Player

7.(a) The Player may terminate this contract, upon written notice to
the Club, if the Club shall default in the payments to the Player provided
for in paragraph 2 hereof or shall fail to perform any other obligation
agreed to be performed by the Club hereunder and if the Club shall
fail to remedy such default within ten (10) days after the receipt by the
Club of written notice of such default. The Player may also terminate
this contract as provided in subparagraph (d)(4) of this paragraph 7.
(See Article XV(I) of the Basic Agreement.)

By Club

7.(B) The Club may terminate this contract upon written notice to the
Player (but only after requesting and obtaining waivers of this contract
from all other Major League Clubs) if the Player shall at any time:

(1) fail, refuse or neglect to conform his personal conduct to the
standards of good citizenship and good sportsmanship or to keep
himself in first-class physical condition or to obey the Club’s training
rules; or

(2) fail, in the opinion of the Club’s management, to exhibit sufficient
skill or competitive ability to qualify or continue as a member
of the Club’s team; or

(3) fail, refuse or neglect to render his services hereunder or in
any other manner materially breach this contract.

7. If this contract is terminated by the Club, the Player shall be entitled
to termination pay under the circumstances and in the amounts set
forth in Article IX of the Basic Agreement. In addition, the Player shall
be entitled to receive an amount equal to the reasonable traveling
expenses of the Player, including first-class jet air fare and meals en
route, to his home city.<!--QuoteEnd--><!--QuoteEEnd-->

Article IX of the CBA only allows termination pay for a termination under section 7(B)(2):
<!--quoteo-->QUOTE <!--quotec-->A Player whose Contract is terminated by a Club during the championship
season under paragraph 7(B)(2) of the Uniform Player’s Contract
for failure to exhibit sufficient skill or competitive ability shall be
entitled to receive termination pay from the Club in an amount equal
to the unpaid balance of the full salary stipulated in paragraph 2 of his
Contract for that season.<!--QuoteEnd--><!--QuoteEEnd-->

That being said, I think it's hard to fit lying about age under the permissible bases for termination under the Uniform Players' Contract.