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Have a good pull. I need some people to talk about the racing scene to. Not too many in Sacramento.I am from a generation who watched Vincent and Darkie Prendergast being warned off by the Jocket Club simply because they were too successful. So when "they" said that Kieren Fallon was not the object of the investigation after keeping him sidelined for two years it stuck in my craw.Takes me a while to get that stuff out of my system.Sorry to be working it out at your expense.A bit like Kevin Moran getting the first red card ever in the Cup Final.One of the nicest and cleanest player who ever played soccer.Hell there I go again.
Agree with you totally andyod about Kevin Moran – and I am an Evertonian !
Perversely the sending off seemed to spur United on that day. He was an absolute gent, I met him in Manchester once and he chatted for ages even though he didn’t know me from AdamAt least Andy and I (and Coggy) agree on one thing then. Poor lad was in distraught, and even Peter Reid thought it was a bad call: http://www.youtube.com/watch?v=jqA0hjQmjR4
A group of 3rd, 4th, and 5th graders, accompanied by two female teachers, went on a field trip to the local racetrack (Churchill Downs) to learn about thoroughbred horses and the supporting industry (Bourbon), but mostly to see the horses.
When it was time to take the children to the bathroom, it was decided that the girls would go with one tacher and the boys would go with the other. The teacher assigned to the boys was waiting outside the men’s room when one of the boys came out and told her that none of them could reach the urinal.
Having no choice, she went inside, helped the boys with their pants, and began hoisting the little boys up one by one, holding on to their "wee-wee’s" to direct the flow away from their clothes.
As she lifted one, she couldn’t help but notice that he was unusually well endowed. Trying not to show that she was staring, the teacher said, "You must be in the 5th grade."
"No, ma’am," he replied. "I’m riding Silver Arrow in the seventh race, but I appreciate you help."
What an absolute peach of a ride Kieran just gave
Hoof it
at Doncaster today! He looked like he was running on the spot at halfway but for all Fallons urgings Hoof it kept finding! Superb!
Judge to rule on Kieren Fallon’s ride.
I find this to be absurd.Communications will be non existing from here on if a jockey cannot renege on his agreement made one to one (he said, she said) with the owner (not the trainer or with the trainer not the owner).The rules of racing now become the law of the land! Who else in society is bound by an oral contract with nothing in writing? I recall some years ago Tony McCoy saying that he made a commitment to Noel Chance to ride his horese in the Gold Cup "unless I get a better offer".Was that a silent part of the deal or must one be explicit about such things? A judge decides not to turn up on the day specified orally, he calls my attorney to say…….. Do I go to court and not allow him to do any work on that day?
Under English Law (apart from certain prescribed situations like land transfers for example) an oral agreement or contract is as legally binding as a written agreement or contract.
In England, but not in Scotland, an agreement must generally include some element of "consideration" in order to be enforceable. Consideration is a sum of money that is paid by one party to another, usually in return for services or goods.
Thanks Paul.
Here in the US we are told to get it in writing. Incidentally what proof of the oral contract is necessary I.E. How do you prove the agreement is what you say it is and not what he says it is? There must be witnesses I presume.Oral can be deemed as a full contract. However try prove that to the judge. Fallon will say he never did such a thing and seems incredible sour grapes on part of the owner.
An important point in this case is that it seems they *have* got it in writing that Fallon will partner Native Khan if requested. An element of getting that agreement is that you want to be sure he won’t be riding against you, so in the circumstances they are entirely within their rights to sue.
I can understand why people might think the owner has gone OTT but if you put yourself in their shoes (and obviously none of us yet know the full facts) and assume they have something in writing or a solid verbal contract then they have every right to take action. We are potentially talking about multi-millions of pounds in stud fees here.
But if the judge says there is a valid contract then can Fallon enforce it? Do they really want him to ride their horse after this? Bit like Shylock is it not. They eithe enforce compliance or drop the case.Can they win and not insist on him riding their horse?
a contract requires:
– offer
– acceptance
– consideration (which does not have to be a sum of money – executory promises can be consideration – eg in return for me hiring you to ride for me in race A, you agree you will ride for me in race B if i ask you to); and
– intention to create legal relations (basically, both parties if asked at the time of the alleged contract formation would have agreed that they intended it to be enforceable in Court)
reading the reported comment that there was "an innocent misunderstanding" suggests the last aspect might be a point of difference.
IF breach of contract is established, the basic approach is then to try put the parties in the position they would have been in had the contract been performed.
in sports contracts under English law, that however does not extend to ordering the sportsman to play/ ride for you (ie the remedy of specific performance, ordering someone to do something).
but it can involve preventing the sportsman from playing/riding against you (ie the remedy of injunction, ordering someone not to do something).
once the game / race is over, there is then the question of quantifying what sum of money would be needed to paid by whom to whom to create the position that would have obtained had the contract been performed. good luck with that !
Do most riding arrangements become a legal contract and do most stable jockeys get a legal contract (Fortune,two years ago)? Do jockeys normally intend to enter a legal arrangement with owners when asked to ride a horse? What is common practice in the business? Does a jockey have protection if an owner decides not to run his horse in a particular race, having tied up the jockey and so prevented him from booking another ride until too late.Dunlop implied not so saying the committment was as good as he could get from Fallon.Implying that Fallon does not give out legal arrangements to ride for certain clients.
Ridiculous stunt by the owner and a very dangerous precedent for the sport if it succeeds…….trying to prevent Fallon from riding in the race against Native Khan because he had previously agreed to ride it is scandalously unsporting and mean-spirited and can’t possibly be allowed to succeed…..forcing him to abide by his agreement to ride NK is just about plausible if a ‘contract’ can be proved but anything else would be a farcical road to go down………that said,common sense doesn’t usually prevail in courtrooms and Fallon has had more than his fair share of luck in them in the past.Maybe the result this time will once again be the reverse of what we expect where Kieren is involved
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