Is West Indies cricket dead ?

[rich1uk]

this is turning into the "predict a headline" thread with all the suing going on

[sussexpob]

I don't really see how the BCCI can press for damages when the WICB offered a replacement team to allow the series to continue.

In terms of contract law, even if such a statement is not expressly contained as a clause in the contract, the courts can imply it where it would be objectively reasonable to assume they would have put the term in, had they put their mind to the gap in the contract. I doubt India would have negotiated a tour programme with their national team playing West Indies C or D teams, and I doubt third party sponsorship would have been as much should that have occurred, so the BCCI do have a course of action for a breach of contract when the WICB fronted a poor quality team. I think it would take a brave and foolhardy argument to say that the bilateral agreements between countries does not come with the expectation that you are bring the best squad you have in a country, available and fit. Clearly this didn't happen.

The problem though for the BCCI is, in order to have cause to sue the WICB for breach, they have to imo demonstrate that it was essential for the first team to play, otherwise the Windies had offered a suitable replacement and did not breach the contract in the first place. The first team strike was outside of the WICB's remit, and as such, the contract must be considered frustrated, if indeed it has been breached.

[sussexpob]

for me this seems ridiclous....how can BCCI sue... the windies offered to send a replacment side...and India declined....there's nothing in a series agreement that says that both teams have to be at full strength, so IMO BCCI don't have a leg to stand on..

The WICB should countersue the BCCI for postponing the future tours.

An interesting point, one that we cant really make much of a knowledgeable comment on because we don't know the exact nature of the contract or how they were constructed.
If they were separate agreements made at different times, and are indeed formulated contracts, then one would assume that breach of one contract is not grounds for breach of another, as long as performance requirements and obligations are unlinked. If this is the situation, then the WICB may be able to sue the BCCI for pulling out.

However, if these tours were part of one agreement made when Bilateral touring became a thing, then the breach of performance for this tour would be sufficiently fundamental to cancel all obligations in the contract for the future, at the discretion of the wounded party (ie, if the BCCI have grounds, they can rightfully tear up every future part of the contract if they want).

If the contract is deemed frustrated, then all future obligations are invalid anyway, so again the BCCI would not have to perform any of the tours agreed to. I guess under that point though, can a contract be impossible and frustrated, if only one tour out of 5 is affected? Now we run into the lawyer battleground.... in the past I know contract frustration has prevented injured parties even claiming pre-payments, but its a grey area.

[mikesiva]

"We have sent a demand letter to the WICB claiming damages to the tune of 258 crore ($41.97 million). And we are in the process of ascertaining other damages incurred by our hosting centres, after which we will present a final claim amount," Patel said. "It is a matter of consideration for the WICB to decide as to how they will cover our damages. [Abandoning the tour] is a unilateral decision of the WICB and they are solely responsible for this entire episode. There has been a direct and disastrous impact. Other than the financial losses, the collateral damage that has been caused to the BCCI and its stakeholders is irreparable."

http://www.jamaicaobserver.com/sport/BC ... s_17883275

Strong words from the BCCI...is it time to file bankruptcy proceedings? Or should the WICB hire sussexpob to represent them in these upcoming proceedings?

[Making_Splinters]

Sadly, it doesn't seem as if any useful information is being given to the press. What we really need to know is the details of the contract for the tour. If the WICB offered a replacement side, and the BCCI refused, unless there is something in the contract forbidding this, then I can't see how the BCCI can press for anything.

[Dr Cricket]

ICC/BCCI threatening any players going in Strike during Cricket games or tours.
http://www.espncricinfo.com/ci-icc/cont ... 97709.html

"Players who behave in a similar manner in the future will not only risk breaching the disciplinary rules of the relevant member board and being sanctioned accordingly, but may also put in jeopardy their ability to conclude future contractual arrangements with domestic franchises or clubs in other jurisdictions."

[Dr Cricket]

Sadly, it doesn't seem as if any useful information is being given to the press. What we really need to know is the details of the contract for the tour. If the WICB offered a replacement side, and the BCCI refused, unless there is something in the contract forbidding this, then I can't see how the BCCI can press for anything.

Berry said some of his friends said WICB are in big trouble and have no leg to stand on.
http://www.telegraph.co.uk/sport/cricke ... e-end.html

India’s board is suing the West Indian board for $42m – and, according to my learned friends, the West Indies have not got a legal leg to stand on.

[Making_Splinters]

Interesting idea by the ICC, but probably unenforcable.

http://www.telegraph.co.uk/sport/cricket/11219835/ICC-threaten-to-hit-players-in-the-pocket-if-they-walk-out-on-tours-for-national-sides.html

[sussexpob]

Interesting idea by the ICC, but probably unenforcable.

http://www.telegraph.co.uk/sport/cricket/11219835/ICC-threaten-to-hit-players-in-the-pocket-if-they-walk-out-on-tours-for-national-sides.html

Not sure how a player can be forced to play inside conditions that they dont agree with, and be punished for not accepting this? What is cricket becoming, a dictatorship?

[SaintPowelly]

Make players sign contracts ?? I don't mean central contracts, but specific ones before each tour ?

[Making_Splinters]

Interesting idea by the ICC, but probably unenforcable.

http://www.telegraph.co.uk/sport/cricket/11219835/ICC-threaten-to-hit-players-in-the-pocket-if-they-walk-out-on-tours-for-national-sides.html

Not sure how a player can be forced to play inside conditions that they dont agree with, and be punished for not accepting this? What is cricket becoming, a dictatorship?

I think there has to be some sort of consequence for the players for their actions.

[sussexpob]

Interesting idea by the ICC, but probably unenforcable.

http://www.telegraph.co.uk/sport/cricket/11219835/ICC-threaten-to-hit-players-in-the-pocket-if-they-walk-out-on-tours-for-national-sides.html

Not sure how a player can be forced to play inside conditions that they dont agree with, and be punished for not accepting this? What is cricket becoming, a dictatorship?

I think there has to be some sort of consequence for the players for their actions.

Players dont pick themselves, so they always have to answer for their behaviour

[Making_Splinters]

Interesting idea by the ICC, but probably unenforcable.

http://www.telegraph.co.uk/sport/cricket/11219835/ICC-threaten-to-hit-players-in-the-pocket-if-they-walk-out-on-tours-for-national-sides.html

Not sure how a player can be forced to play inside conditions that they dont agree with, and be punished for not accepting this? What is cricket becoming, a dictatorship?

I think there has to be some sort of consequence for the players for their actions.

Players dont pick themselves, so they always have to answer for their behaviour

At the end of the day, it just doesn't sit right with me that a small group of players can jepodise the future of so many other domestic players, then turn round and sign contracts the next day to play in overseas leauges. The few making the calls will not be affected by the fall out.

[Aidan11]

West Indies need another Stanford.

[mikesiva]

Make players sign contracts ?? I don't mean central contracts, but specific ones before each tour ?

Therein lies the problem...the WICB and WIPA can't agree on a contract before every tour. The players were already in India when a contract was put before them. Then, when they saw how much their pay was being cut, the you-know-what hit the fan.

http://sports.ndtv.com/cricket/news/232 ... -secretary

'Mumbai: BCCI secretary Sanjay Patel on Monday said that the West Indies Cricket Board (WICB) has sent "an apology letter" for the sudden cancellation of India tour by their players after an internal payment dispute. "We have received a letter from WICB a couple of days ago. It said that they are apologetic and bankrupt and they urged us to resolve the issue through the Disputes Committee," Patel told the mediapersons at Cricket Centre on Monday. However there are reports from a reliable source in the BCCI that world's richest cricket body has informally proposed to WICB to part with 50 percent of their imcome earned through revenue sharing of ICC till 2023.'