Luis Suárez

[Neil Young]

For my sins I am, by day, a mild mannererd lawyer.

In English law there is no general duty to act in good faith in contractual matters. Further, the negotiations between parties prior to concluding a written contract are not admissable as evidence to assist a court in the interpretation of a contractual clause. The words forming the clause are to be interpretated as a "reasonable person" would if that person was aware of the background, or context, in which this agreement was made. I could go on but will spare you all.

As for the gentlemen's agreement - there are all sorts of issues with this. However the principal one is that it does not appear in the written contract. There is a presumption in law that where the parties have entered into a written agreement they will have included all the terms of their agreement in writing. Any terms "agreed" previously, or at the same time, that are not recorded in writing are exlcuded. This is called the "Parol Evidence" rule.- The presumption can be overcome but only with great difficulty.

Further many written agreements include a term known as an "entire agreement" clause. By which all the parties agree that the written agreement consitutes the entire agreement between the parties and superecedes anything else. I would be surprised if Suarez's contract did not have one.

There is a related issue around misrepresentations. Suarez might say that Liverpool stated they would sell him in certain circumstances as a representation (not a contractual term and not part of the contract) in order to induce him to sign the contract. If Liverpool had misrepresented certain things this might be sufficient for Suarez to pick apart his contract.

However an actionable misrepresentation must be a statement of "material fact". A statement of "future intention or conduct" cannot be a misrepresentation. Therefore the law would not recognise Liverpool reneging on a statement that they intended to sell him this summer as a misrepresentation. It was not a statement of material fact at the time they made it.

Obviously this is a very brief overview of some of the issues and lawyers earn a living, and keep the courts busy, arguing over these points. Nevertheless these are all issues that Suarez would likely have to overcome to suceed in a legal challenge. I suspect the lawyers on both sides will have had a very good look at it and, as others have stated, the fact Suarez is speaking though the papers and not his lawyers tells you a lot about how he perceives his own position.

Obviously I havent seen the contract, I'm not privvy to all the issues, this is just my personal opinion and does not constitute in any way legal advice that should be relied upon by anyone. If you have a specific legal problem you should consult a legal professional.

Thanks for clarifying. It seems to me though that's really a matter of detail and the fundamental principle remains, i.e. contracts still have to be interpreted.

Of course that may or may not apply in this case, it depends on the clauses in the contract which none of us have seen and few of us (ok, you would, but not me and Bras for a start) would understand anyway.

I think your interpretation of why he is appearing in the media now makes sense from what we can see but we don't know what and how much is going on in private. Lawyers might be talking, it seems like the PFA are getting involved so, assuming it's not just that revolting self-publicist, Gordon Taylor, trying to grab some of the limelight, some sort of employment dispute resolution process could be underway, etc.

If all the stories are broadly true then a transfer request is starting to look all but inevitable and so I suspect all of this is simply a prelude to it and manoeuvrings by Suárez's team to try to avoid that in order to make a significant sum...as would be stipulated in that bloody contract!

[Sarb]

PFA chairman Gordon Taylor has said the players' union will try to get to the bottom of the row between Suarez and the club, and the £40million 'buy-out' clause that saw Arsenal bid £1 over £40million.

Suarez feels this should allow him to move to the Emirates, but Liverpool insist he is still not for sale.

'It is a delicate situation and we are trying to help. These buy-out clauses have caused no end of problems in the past and they continue to do so because of the way they were drafted at the time,' Taylor told talkSPORT.

'He [Suarez] believes the £40m amount that is mentioned, if that is offered that gives him the right to go.

'Liverpool, from their side, are saying that is a minimum figure from which they will consider negotiation and of course they will want to keep the player, unless they replace the player with someone as good or better, which is not going to be easy in a short period of time.

'There are different ways it can be interpreted. If it goes to the Premier League it will take time and the window is then closed.

'We have been asked to try and help to sort the situation out and we have been trying to do that.'

Makes you wonder why he left it so late to do the interview. I think he knows the clause is not in his favour

[Rowan]

I never get this type of insult ("he can go smoke my pipe, suck my cock" etc.) You want him to suck you off? It's always seemed an odd punishment

Anyway carry on talking ****e

Given Suarez's history of biting you'd have to be a lunatic to let him anywhere near your penis.

[danperkins]

I wasn’t gonna bite, but seeing as there is so much gloating, I’ll make a simple point and get quotes at a later date if required.

My posts were less in defence of Suarez (I was happy to give him the benifit of the doubt) but more aimed at highlighting the hypocrisy of some supporters that defended or excused everything he did on the pitch, but now because he is trying to engineer a move away, they are denying that that’s what’s bothering them, instead going back and contradicting what they previously argued at the time of the incidents.

I took a quick look at your posts in the racism thread and every one defended Suarez at the time and you even specifically said he doesn’t dive and isn’t a cheat. Obviously people are allowed to change their opionion as more evidence comes to light, but I’m pretty sure if I checked more posts it would be a similar theme, all excusable until he made it clear he wants to leave. (And you’re far from the only one)

You can still deny that if you want, pretend you were always condemning and righteous throughout, but we can easily find out once all this dies down.

Jaysis mate talk about being predictable. I know the post you were talking about and that particular post was from about 2011 i think... em quite alot has happened since then don't you think.

I never said i didn't defend him for the racism charge, read my posts yesterday. I said the handshake was the start of it for me. The finger to Fulham fans & the biting etc. You can check them and i'm sure you have as you attempted to check to the racism posts. Personally i couldn't be that arsed to trawl through anybody's posts but sure if you feel that strongly about it..fire away.

Your defence of him yesterday was just bad timing on your part with the interview coming out last night & basically giving every LFC supporter the finger.

Gloating? Hmmmmm em yeah i get pleasure out of LFC losing their best players year in year out. Anyways.... the reason why as you made it your point to research my posts & specifically reply back to me is because you were loyal and defended him all the way, and now you feel like a cunt... relax we all do.

This is not point scoring and i have no interest in a back and forth pissing contest with you

P.S. And me righteous...really??

[Shaggy]

SUAREZ: IT MAKES NO ODDS

by Neil Atkinson // 7 August 2013 // 0 comments

It makes no odds.

I understand why people think it does. I understand the recourse to emotion. That’s the aim.

It makes no odds.

When he ran out on Saturday Suarez may have been surprised by the warmth of the response. I suspect his agent was. I suspect it made him think, we’ve got to do something about this. We need these people to barrack him. We need to do an interview which separates him from them. This is the next step. It is the only step. We need to do something to bring this move about.

It makes no odds.

It’s a manipulative move. By player, by agent. But it is merely saying publicly what has been said privately to the club. It is the explicit articulation of a number of implicit leaked noodles to newspapermen. You knew Luis Suarez wanted to go. You know he really wants to go. He wants to play at the highest level and currently Liverpool cannot offer that.

It makes no odds.

The crux of it isn’t unreasonable. This is where we are. We end this forthcoming season 4 years and six months on from our last Champions League fixture. Luis Suarez is, in my view, the best attacking footballer in the world who doesn’t currently play for Barcelona or Real Madrid. He ought to have the opportunity to play at that level. His talent isn’t wasted at Liverpool – it’s appreciated like nothing on earth. It’s a glorious, marvellous, rambunctious thing. It should be showcased in European Cup Finals as Zidane’s and Messi’s, Dalglish’s and DeStefano’s has been.

It makes no odds.

The player is under contract at Liverpool. Now presuming that the clause doesn’t oblige Liverpool to accept anything (and this had better be the case or Liverpool’s competence question is only going to go nuclear) the reality is that Liverpool choose whether he stays or goes. Liverpool choose what to do with an offer of forty million and one pound. Liverpool choose.

The situation is that Liverpool’s challenge for a finish fourth or higher is easier if Luis Suarez doesn’t play for anyone this season than if he plays for Arsenal and Liverpool have fifty million pounds to spend. This is the reality. This is where we are as well. What stuns me is that Arsenal haven’t offered sixty or seventy million pounds for the player. Because any amount he is worth to Liverpool he is worth that plus ten million to Arsenal. He is the player who would cement them in the top four barring catastrophe. He is the player who would make them genuine contenders.

But it would make no odds.

A sale to Arsenal is suicide for a Liverpool dangerously close to coma – though showing serious signs of fight I believe – regardless of what Suarez does. A sale to Madrid slightly less so but still gives Liverpool a question hugely as to how they effectively spend any money.

I love the expression “it makes no odds”. What exactly does it mean? It doesn’t make that much sense in theory but it is almost onomatopoeic. It’s what not being impressed sounds like. It’s your mouth shrugging.

It’s the response. Garments shouldn’t be rent, hair should remain in the scalp, tears shouldn’t be shed and shirts should remain uncharred.

Let’s not give anyone what they want. No heat. No light. No shouting. Just a collective “It makes no odds. Lad.”

Soz abar that.

[Neil Young]

The players, manager, MD and owner are all out of the country.

Ok, thanks for the straightforward reply. My question was unnecessarily provocative, sorry about that.

What I was getting at - and should simply have said instead - is that my inference from your comment is that he was doing it now solely because his bosses were away. It struck me as like a kid playing up while teacher's back is turned. As such it just seemed an unjustified snipe at him.

It could be he's doing it now because, uh, he's not in training right now so has time. Or it could be because his advisers have decided now is the time to play that card, perhaps while the legal process is in abeyance or (see my last post) goes on behind the scenes.

It's not like the individuals you mention won't be kept fully informed of what's been said. So I don't think it's cowardice or anything - it's just tactics.

Maybe I've misunderstood your point though.

[Patricks_Berger]

Thanks for clarifying. It seems to me though that's really a matter of detail and the fundamental principle remains, i.e. contracts still have to be interpreted.

Of course that may or may not apply in this case, it depends on the clauses in the contract which none of us have seen and few of us (ok, you would, but not me and Bras for a start) would understand anyway.

I think your interpretation of why he is appearing in the media now makes sense from what we can see but we don't know what and how much is going on in private. Lawyers might be talking, it seems like the PFA are getting involved so, assuming it's not just that revolting self-publicist, Gordon Taylor, trying to grab some of the limelight, some sort of employment dispute resolution process could be underway, etc.

If all the stories are broadly true then a transfer request is starting to look all but inevitable and so I suspect all of this is simply a prelude to it and manoeuvrings by Suárez's team to try to avoid that in order to make a significant sum...as would be stipulated in that bloody contract!

My reading of the situation is that any kind of legal process will take time - time that neither party can really afford. In such circrumstances a commercial solution is preferable - which means a sale to a third party.

I just can't see Liverpool selling to Arsenal though - surely it would be preferable to have him in the reserves for year and maybe sell him for £30 million in Jan or next summer. ok - we'd loose £10million but what would it cost us to strengthen Aresnal whilst weakening ourselves? If it comes to a Champs League place that will be more that £10 mil. Plus - I think it has probably become "personal" between the two clubs now.

If I were Madrid I'd turn up today with an offer of £25 -£30 mil and pick him up on the cheap. I think that might also be what both Suarez and the club are secretly hoping for. Arsenal are just a stalking horse and with any luck will come out of this window having wasted a load of time and effort on Suarez and signed no one.

[kingfunk]

In other news...
@RobHarris: Today it's 3,000 days since Arsenal last won a trophy

[danperkins]

Given Suarez's history of biting you'd have to be a lunatic to let him anywhere near your penis.

[Sarb]

Would love it if Arsenal didn't get him. Just so I could reply to John Cross' tweet last night that started with the word 'Boom -' An in your face tweet to LFC fans

[Neil Young]

My reading of the situation is that any kind of legal process will take time - time that neither party can really afford. In such circrumstances a commercial solution is preferable - which means a sale to a third party.

I just can't see Liverpool selling to Arsenal though - surely it would be preferable to have him in the reserves for year and maybe sell him for £30 million in Jan or next summer. ok - we'd loose £10million but what would it cost us to strengthen Aresnal whilst weakening ourselves? If it comes to a Champs League place that will be more that £10 mil. Plus - I think it has probably become "personal" between the two clubs now.

If I were Madrid I'd turn up today with an offer of £25 -£30 mil and pick him up on the cheap. I think that might also be what both Suarez and the club are secretly hoping for. Arsenal are just a stalking horse and with any luck will come out of this window having wasted a load of time and effort on Suarez and signed no one.

I agree Madrid might well be watching what's going on and using Arsenal like you say. It's long seemed to me the most likely outcome - the only things that make me doubt it slightly more now are Wenger's confidence and, today, Suárez's comment about the Premier League being the best, as though he perfectly happy to stay in England (perhaps because it's genuinely what he feels or perhaps because Madrid have told his agent they won't move for him). Of course talk is worthless and Wenger might be playing a different game or simply wrong.

I have mentioned before there's a chance the legal process could be truncated for the very reason that spinning it out clearly plays into one party's hands. Maybe that's not so.

However if you're right, then it gives another explanation for an apparent change in tactics signalled by Suárez's interviews published today.

[PTP]

In other news...
@RobHarris: Today it's 3,000 days since Arsenal last won a trophy

i wear to god i thought that said @RolfHarris

[PTP]

Would love it if Arsenal didn't get him. Just so I could reply to John Cross' tweet last night that started with the word 'Boom -' An in your face tweet to LFC fans

him and piers morgan - two cunts of the highest order

****ing boom - **** off

i'll go to town on those two ****ing blurts and BOOM every tweet they ever have again

[kingfunk]

i wear to god i thought that said @RolfHarris

[Neil Young]

In other news...
@RobHarris: Today it's 3,000 days since Arsenal last won a trophy

That's a great stat.