Force Majeure and the Seahawks By MO Hawk Part 2

MO Hawk · Jul 20, 2020

I was reading Russell Wilson's comments on his concern over camps opening, player safety and the safety of his pregnant wife.

https://www.oregonlive.com/coronavirus/ ... RaC5ewm52s

With the NFL having no force majeure in contracts, could they be opening camps knowing there will not be a season? If players do not feel safe will they show up for camp? If they don't, will they get paid? Is this a clever trick by owners to get the results of force majeure without having it in the contracts?

Will the Seahawks play this season? Will they get paid?

12th Dimension · Jul 20, 2020

Does Force Majeure need to be in a contract or is the term self defining? I say the later. What have the courts done in the past?

I’m not a lawyer or judge but force majeure may be implied in all contracts from the old common law days, hence the term.

MO Hawk · Jul 20, 2020

Lots of thoughts here on the virus etc. But my post was more about the season and if it takes place and also if players get full or prorated pay.

One of the other sports (MLB?) had the Force Majeure clause which protected owners in situations like this.

I think this is going to turn into a mess with lots of litigation.

therealjohncarlson · Jul 20, 2020

Two posts were deleted on here because they dared to challenge current thinking? Jesus what happened to this place...

poly1274 · Jul 21, 2020

I was reading Russell Wilson's comments on his concern over camps opening, player safety and the safety of his pregnant wife.

https://www.oregonlive.com/coronavirus/ ... RaC5ewm52s

With the NFL having no force majeure in contracts, could they be opening camps knowing there will not be a season? If players do not feel safe will they show up for camp? If they don't, will they get paid? Is this a clever trick by owners to get the results of force majeure without having it in the contracts?

Will the Seahawks play this season? Will they get paid?
Last edited by MO Hawk on Mon Jul 20, 2020 4:40 pm, edited 1 time in total.

poly1274 · Jul 21, 2020

12th Dimension: Does Force Majeure need to be in a contract or is the term self defining? I say the later. What have the courts done in the past?

I’m not a lawyer or judge but force majeure may be implied in all contracts from the old common law days, hence the term.

MO Hawk : Lots of thoughts here on the virus etc. But my post was more about the season and if it takes place and also if players get full or prorated pay.
One of the other sports (MLB?) had the Force Majeure clause which protected owners in situations like this.
I think this is going to turn into a mess with lots of litigation.

therealjohncarlson: Two posts were deleted on here because they dared to challenge current thinking? Jesus what happened to this place...

I'm guessing because the mods deleted some posts, that topic is fuked up atm.

poly1274 · Jul 21, 2020

Anyways My take:

Tired of this hypocrite selfish kid.

"NFLPA's medical director, Dr. Thom Mayer, released a statement where he advised players to stop working out together."

And then RW decided to work out with DK and AB?

and then he tweets

"I am concerned.
My wife is pregnant.
@NFL Training camp is about to start..

And there’s still No Clear Plan on Player Health & Family Safety.

We want to play football but we also want to protect our loved ones. "

As for the other clowns that wants to play Football and care about their health, they can't have everything that they wish for. If they really want to care about safety, then they should decide to sit the season out just like some MLB NBA players did.

SantaClaraHawk · Jul 22, 2020

The NFL’s Collective Bargaining Agreement — ratified by the NFLPA after the pandemic began — already addresses the situation. Because the CBA contains no force majeure clause, the players currently are entitled to full pay in 2020, even if games are canceled. The league’s only argument regarding reduced pay comes under the Standard Player Contract, which suggests that the duty to pay base salary does not arise until at least one game has been played.

In other words, if there are no games, the players get no pay. If, however, there is only one game, the players get full pay.

Through these negotiations, the league is trying to create a force majeure clause on the fly, getting players to agree to be paid only for games that are played, even though the league has had the ability within the confines of every single CBA negotiation that ever has occurred to ask for a force majeure clause. The league’s sole protection in the event of a pandemic comes from the mutual duty to negotiate in good faith as to the impact of lost 2020 revenues on the 2021 salary cap.

https://profootballtalk.nbcsports.com/2 ... happening/

bigskydoc · Jul 25, 2020

Well, she's not pregnant anymore, so we all good now?

MO Hawk · Jul 25, 2020

SantaClaraHawk":r0jgnozg said:
The NFL’s Collective Bargaining Agreement — ratified by the NFLPA after the pandemic began — already addresses the situation. Because the CBA contains no force majeure clause, the players currently are entitled to full pay in 2020, even if games are canceled. The league’s only argument regarding reduced pay comes under the Standard Player Contract, which suggests that the duty to pay base salary does not arise until at least one game has been played.

In other words, if there are no games, the players get no pay. If, however, there is only one game, the players get full pay.

Through these negotiations, the league is trying to create a force majeure clause on the fly, getting players to agree to be paid only for games that are played, even though the league has had the ability within the confines of every single CBA negotiation that ever has occurred to ask for a force majeure clause. The league’s sole protection in the event of a pandemic comes from the mutual duty to negotiate in good faith as to the impact of lost 2020 revenues on the 2021 salary cap.

https://profootballtalk.nbcsports.com/2 ... happening/

Great analysis, thank you for that article.

poly1274 · Jul 25, 2020

bigskydoc":3tfknt1l said:
Well, she's not pregnant anymore, so we all good now?

It's worse. He's gonna be worried to bring the Covid to the baby.

Force Majeure and the Seahawks By MO Hawk Part 2

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