Blue Moon 1,113 Posted February 4, 2016 Share Posted February 4, 2016 I am sure the board have explored, or are exploring, every avenue to deal with this contract. 0 Quote Link to post Share on other sites More sharing options...
Bluedell 5,346 Posted February 4, 2016 Share Posted February 4, 2016 What if the people who agreed the deal are the ones convicted? It wouldn't be relevant to individual contracts and there would still be an assumption that they were signed in good faith, unless proven otherwise. If the club had agreed to buy milk from wee Jeanie round the corner for a 3 year period and it was signed off by a director found guilty of fraud, would the club be able to walk away from that? No. Why should wee Jeanie lose out when she in turn has signed a contract to buy milk from Wisemans. Likewise if the same director had signed Lee Wallace's contract, can he just walk away for nothing tomorrow? No. If there is something fraudulent about the SD contract then it could be looked at, and I'm sure we all have our thoughts on it, but unless there is some sort of proof then it will be extremely difficult to get anything done. 0 Quote Link to post Share on other sites More sharing options...
Frankie 8,152 Posted February 4, 2016 Share Posted February 4, 2016 [tweet]695183876340203520[/tweet] 0 Quote Link to post Share on other sites More sharing options...
the gunslinger 3,366 Posted February 4, 2016 Share Posted February 4, 2016 What if we agreed to pay Jeanie 50 quid a pint. 0 Quote Link to post Share on other sites More sharing options...
pete 2,499 Posted February 4, 2016 Share Posted February 4, 2016 While it is good news in one way I feel a bit sorry we could not have got Ashely in the witness box. I think that is probably the biggest reason they are dropping it. 0 Quote Link to post Share on other sites More sharing options...
aweebluesoandso 290 Posted February 4, 2016 Share Posted February 4, 2016 Not in anyway up with the law but. i would seek a judicial revue on these contracts. If or hopefully when Whyte, Green and CO are found guilty, surely they must have neglected their fiducial duties as directors by signing these contracts off? 0 Quote Link to post Share on other sites More sharing options...
Bluedell 5,346 Posted February 4, 2016 Share Posted February 4, 2016 What if we agreed to pay Jeanie 50 quid a pint. Good question. Again it comes down to good faith and if there was anything fraudulent about it. A court of session judge recently commented that just because a contract extremely favours one party over another, it should still be allowed to stand. Bad contracts are allowed to stand and cannot be cancelled just because they are bad contracts. In your obviously extreme example, if it was done at arms' length then it may be allowed to stand. There could be questions raised about the director's actions and whether he was doing the best for the company in signing such an agreement, and could probably end up in jail for it. but it wouldn't mean that the contract could be cancelled per se. Paying 100 times more than you should may allow questions to be raised about the good faith aspect, but it would be a lot easier to prove with the £50 per pint than prove it in SD deal. 0 Quote Link to post Share on other sites More sharing options...
Doc 280 Posted February 4, 2016 Share Posted February 4, 2016 Not in anyway up with the law but. i would seek a judicial revue on these contracts. If or hopefully when Whyte, Green and CO are found guilty, surely they must have neglected their fiducial duties as directors by signing these contracts off? You would hope that would be the case. 0 Quote Link to post Share on other sites More sharing options...
the gunslinger 3,366 Posted February 4, 2016 Share Posted February 4, 2016 Good question. Again it comes down to good faith and if there was anything fraudulent about it. A court of session judge recently commented that just because a contract extremely favours one party over another, it should still be allowed to stand. Bad contracts are allowed to stand and cannot be cancelled just because they are bad contracts. In your obviously extreme example, if it was done at arms' length then it may be allowed to stand. There could be questions raised about the director's actions and whether he was doing the best for the company in signing such an agreement, and could probably end up in jail for it. but it wouldn't mean that the contract could be cancelled per se. Paying 100 times more than you should may allow questions to be raised about the good faith aspect, but it would be a lot easier to prove with the £50 per pint than prove it in SD deal. Agreed. You would need to know if there was anything in the deal for the fraudster I expect before you would get anywhere. Who knows if that was the case. 0 Quote Link to post Share on other sites More sharing options...
Bluedell 5,346 Posted February 4, 2016 Share Posted February 4, 2016 Not in anyway up with the law but. i would seek a judicial revue on these contracts. If or hopefully when Whyte, Green and CO are found guilty, surely they must have neglected their fiducial duties as directors by signing these contracts off? I've got the same opinion as most others in respect of whether they neglected their duties as a director but if it was proven, it doesn't mean that contracts can be just cancelled, or that a court would agree to review them, as I've suggested above. 0 Quote Link to post Share on other sites More sharing options...
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