Total RL tweeted advising that there are RFL contigency plans to play games behind closed doors.
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Total RL tweeted advising that there are RFL contigency plans to play games behind closed doors.
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It was this sort of thing that prompted me to start this thread, rather than stuff about the virus itself.
Are our clubs financially robust enough to be playing games without the usual income streams from fans attending?
Would they have to offer refunds on season tickets, or perhaps 'free' games, such as play-offs, once this thing blows over?
What happens if half the squad is self isolating, or actually sick?
I'm sure the authorities have discussed this, but it does bother me that we could see both clubs and fans being hit hard in the pocket!
Really? I've not seen that anywhere. I wonder what the impact on Catalans will be? I suspect there are a few established Super League sides who couldn't cope without the cash injection of home games. I wonder if there would also be a knock on effect on sponsorship deals and commercial deals. For example the drinks and food contracts, will they be payable anyway even though no one would have bought anything? Will sponsors want a refund?
Surely it would either be covered under insurance or considered force majeure. Hopefully insurance although I'm not sure on what grounds.
Actually just had a little look for anyone bored enough to go through it.
English common law does not automatically apply force majeure principles to contracts. Parties to English law contracts who wish to have force majeure relief must spell out what constitutes force majeure in the contract itself. [8] Failure to do so means that a supervening event which prevents performance of the contract will not (and cannot) be caught as a force majeure event, so as to provide relief from performance – because it has not been named as a qualifying event in the contract.
Common law recognizes the concept of frustration of purpose, a narrower concept that applies when the actual performance of the contract is radically different from what the parties intended.[9] When force majeure has not been provided for in the contract (or the relevant event does not fall within the scope of the force majeure clause), and a supervening event prevents performance, it will be a breach of contract. The law of frustration will be the sole remaining course available to the party in default to end the contract. If the failure to perform the contract deprives the innocent party of substantially the whole benefit of the contract it will be a repudiatory breach, entitling the innocent party to terminate the contract and claim damages for that repudiatory breach.[10]
As interpreted by English courts, the phrase force majeure has a more extensive meaning than "act of God" or vis major. Judges have agreed that strikes and breakdowns of machinery, which though normally not included in vis major, are included in force majeure. (However, in the case of machinery breakdown, negligent lack of maintenance may negate claims of force majeure, as maintenance or its lack is within the owner's sphere of control.)
The term cannot, however, be extended to cover bad weather, football matches, or a funeral: the English case of Matsoukis v. Priestman & Co (1915) held that "these are the usual incidents interrupting work, and the defendants, in making their contract, no doubt took them into account.... The words 'force majeure' are not words which we generally find in an English contract. They are taken from the Code Napoleon, and they were inserted by this Romanian gentleman or by his advisers, who were no doubt familiar with their use on the Continent." In Hackney Borough Council v. Dore (1922) it was held that, "The expression means some physical or material restraint and does not include a reasonable fear or apprehension of such a restraint".
In re Dharnrajmal Gobindram v. Shamji Kalidas [All India Reporter 1961 Supreme Court (of India) 1285], it was held that, "An analysis of ruling on the subject shows that reference to the expression is made where the intention is to save the defaulting party from the consequences of anything over which he had no control."
Even if a force majeure clause covers the relevant supervening event, the party unable to perform will not have the benefit of the clause where performance merely become (1) more difficult, (2) more expensive, and/or (3) less profitable.[11]
Civil law
France
For a defendant to invoke force majeure in French law, the event proposed as force majeure must pass three tests:
1. Externality
The defendant must have nothing to do with the event's happening.
2. Unpredictability
If the event could be foreseen, the defendant is obligated to have prepared for it.[12] Being unprepared for a foreseeable event leaves the defendant culpable. This standard is very strictly applied:
CE 9 April 1962, "Chais d’Armagnac": The Council of State adjudged that, since a flood had occurred 69 years before the one that caused the damage at issue, the latter flood was predictable.
Administrative Court of Grenoble, 19 June 1974, "Dame Bosvy": An avalanche was judged to be predictable since another had occurred around 50 years before.
3. Irresistibility
The consequences of the event must have been unpreventable.
Other events that are candidates for force majeure in French law are hurricanes and earthquakes. Force majeure is a defense against liability and is applicable throughout French law. Force majeure and cas fortuit are distinct notions in French Law.
https://www.france24.com/en/20200308...in-coronavirus
Bit worrying having paid for Catalans away
Although reading elsewhere it's quite vague in typical French fashion, and will be down to each region
Last edited by paulscnthorpe; 9th March 2020 at 12:05.
If they ban flights to France then you will get the flight money back and maybe accommodation. If France just bans events such a our game then you won’t be entitled to anything back if you have booked a flight and accommodation, it’s not actually linked to the event. If you booked the whole thing with a sports company then maybe you might be.
Humans are more concerned with having than being.
The Catalan game played behind closed doors/postponed/cancelled won't be covered by ATOL or any other travel insurance, as it's nothing to do with the actual travel.
As far as I know, you can still go to France, unless the Foreign Office say differently.
The whole insurance thing is a messy one. I'm not sure what coverage clubs might have against loss of income, but you can bet that the insurance companies will try to get out of paying!
...And I thought Force Majeure was just an album by Tangerine Dream
Edit. 49er beat me to it!
I'm supposed to be going to Denmark on Sunday, I can see the airport being fun.
Not sure what Cats will do with this ban on crowds over 1000. I'm not sure they could afford to play behind closed doors. If the ban lasts say 8 weeks then they will be 4 games behind (those that they already behind). If the ban is lifted after that period then the only possibility they will have to make those games up is to withdraw from the cup or play midweek. If they play midweek the crowds will almost entirely be made up of their season ticket holders. Possibly their best option would be to forfeit home advantage, play on the scheduled dates and reach an agreement with the clubs they play over gate receipts.
Apparently it's down to each individual region, they've released a statement today that no decision has been made by the Perpignan council (or the equivalent of)
They'll no doubt be concerned about a long term lack of fixtures for Catalans
There have been no confirmed cases in Perpignan
If the region of Perpignan follows the gatherings of only 1000 people that is being suggested elsewhere in France but the games go ahead why not allow all away fans in who have paid and travel to go watch the Catalans game and make the rest up with home fans.
Humans are more concerned with having than being.
It can only be a matter of days now before all Superleague games will be postponed for a month or so. Who knows where this will end up?
I would imagine we will see games getting called off soon. Football has simply used the international break as an excuse to talk about 3 April but in reality there is no way it will be back before May or June at the earliest. RL may end up the same, with horrendous financial implications attached to it. But, peoples lives have to come first.
The one advantage RL has over the likes of football right now is that we have only just started the season, we have an unequal fixture list and also have play offs, so it should not be impossible to play half a season and still have play offs to decide the champions etc. The one thing we should protect in the 2020 RL calendar is The Ashes.