Emiliano Sala: Should Cardiff Pay the 15 Million Pounds to Nantes? (Question about Shipping and Morale)

[Deactivated] on 29/11/2019 - 16:24
Last edited 29/11/2019 - 16:44

So for those who don't follow soccer, Emiliano Sala is a soccer player who died tragically on a plane. He is flying as he was transferred from Nantes FC to Cardiff City for 15M pounds.
If you wish to read more, you can google his name, or read this: https://en.wikipedia.org/wiki/Emiliano_Sala

My forum is about the dispute that the two clubs having in regards of the transfer fees.
Should Cardiff still pay Nantes for the player that never arrive?
This issue is currently being investigated by FIFA.

Without removing any respect to the player, I couldn't help draw a comparison: A seller ships a high value item to a buyer privately. Unfortunately the item has gone missing. Should the seller still get paid the full amount of the item, or should the buyer get a refund? Or should they discuss a way to share the lost halfway?

Poll Options

  • 8
    Seller gets paid in full
  • 5
    Buyer gets full refund
  • 1
    Halfway since neither is at fault
Sports & Outdoors

Comments

  • GG57 on 29/11/2019 - 16:30

    In regard to your scenario, there are agreed terms which include when the item changes ownership from the seller to the buyer. In addition, insurance is usually in place aligned with that point of changing ownership.

    Without knowing anything about the agreements that football clubs sign when buying / selling players, it is impossible to comment on the initial scenario.

    • [Deactivated] on 29/11/2019 - 16:40

      In the Sala scenario, nobody ever expected that the player would be missing in transport, as it is just unthinkable. Imagine having an agreement before the deal that says, should the player died in transit, you still pay me in full, ok?

      With regards to the other seller-buyer scenario, this often is stated as an agreement. You are correct.

  • MrHyde on 29/11/2019 - 16:33
    • When did the transfer take effect?
    • Who was responsible for flying Sala over? Ie, was the sale including delivery or not.
    • [Deactivated] on 29/11/2019 - 16:45

      I think August last year, and the player's agent organised the plane. Not sure about delivery cost. I would believe it doesn't matter given the amount.

      • MrHyde on 29/11/2019 - 16:51

        I guess if using same analogy as you. the contract could be FOB origin, which means buyer is responsible for transport. Without knowing details of the contract we are not in a position to say.

        • [Deactivated] on 29/11/2019 - 16:58

          What is FOB? Obviously none of us here is in position to say, no need to spell that out, lol.

  • PronounceIt on 29/11/2019 - 16:59

    Do the rights to the player change at exactly the point of the contract being signed? Or upon the player arriving in Cardiff? I doubt it would be the latter as it wouldn't make sense to set that as a "delivery" criteria within that type of contract.
    I believe the point of exchange must be stated within the contract for something that presents such a high value, as multiple things can happen when the contract is signed (players have heart attacks surprisingly often, can break a leg, be involved in a car accident, etc).

    Its somewhat with bad taste comparing this to a contract of sale for goods, but if we must its comparable to a buyer being responsible for arranging freight themselves and something going wrong once picked up from the supplier.

    • PronounceIt on 29/11/2019 - 17:00

      More likely than not, the player still had to agree terms themselves. They obviously never got the chance to do so one way or another, so the court case is probably focused on this instance of whether the player had/hadn't officially agreed and thus the full terms being fulfilled.

    • [Deactivated] on 29/11/2019 - 17:23

      Apologies for the bad taste.

      I think it is horrible that the seller suing the buyer for not paying.

      I think they should accept what happen is just act of God and as shitty as it is, share half of the cost.

  • [Deactivated] on 29/11/2019 - 17:05
    +1

    Significantly not as described. Just kidding, I think the date of effect in the contract should decide.

  • whooah1979 on 29/11/2019 - 17:13

    No goods, no transaction. A cancellation of the contract is in order.

  • garetz on 29/11/2019 - 17:18

    The seller is responsible to make sure you receive the item, they should take every possible precaution to do so, including fully insuring the item in transit.
    If the item fails to be received by the buyer, then the responsibility falls squarely on the seller as its outside the buyers control.

    So imo the buyer gets a full refund, and the seller took the risk of the item not being received, which is entirely on them. If the seller had taken out the insurance, then they would both be whole, ie no financial loss.

  • [Deactivated] on 29/11/2019 - 17:22

    Makes sense. Hence I brought up this discussion because in the case of the player, the seller is suing the buyer for not paying.

  • baldur on 29/11/2019 - 17:27
    +2

    here is what needs to be done:
    Cardiff can still offer to pay however, Nantes should reject the payment as a sign of virtue.

    • [Deactivated] on 29/11/2019 - 17:53

      +1

  • [Deactivated] on 29/11/2019 - 18:15
    -1

    Dang:

    "Nantes, however, argued that all required paperwork had been completed and filed and that Fifa had registered the international transfer certificate for Sala at 5.30pm on 21 January.

    The Piper Malibu light aircraft commissioned to fly Sala back to say his farewells at Nantes crashed on the return flight, at 8.16pm that night."

  • Boogerman on 30/11/2019 - 09:09
    +1

    Hypothetically, could Cardiff sue Nantes for the $200M+ in lost income because they were relegated & Sala would have saved them?
    Food for thought…..

  • OzHunterNSW on 30/11/2019 - 10:40
    -2

    And this is relevant to a "bargain" forum - how

    • [Deactivated] on 30/11/2019 - 10:50
      -1

      Is that a question or are you speaking Native American Indian?

    • PronounceIt on 30/11/2019 - 13:09
      +1

      Must be your first time browsing through the forum posts

  • [Deactivated] on 02/12/2019 - 09:57

    who paid for shipping? and who didn't insure the high value package?

Login or Join to leave a comment
Login Join