The enigma that is Chris Gayle

[Making_Splinters]

They can't really not pick him with out appearing monumentally petty and whipping up increased public support for the players.

As an overlooked aside it is nice to see Somerset have let the water go under the bridge.

[HarryPotter]

As a side point:

Cricketers can break CC contracts but not IPL contracts....

Show what a poor arguement the 'they have an IPL contract they cannot break always was'...

[Making_Splinters]

As a side point:

Cricketers can break CC contracts but not IPL contracts....

Show what a poor arguement the 'they have an IPL contract they cannot break always was'...

Gayle is turning down Somerset to make himself available to play internationally not to make himself available domestically.

Secondly, Somerset would have been well with in their rights to sue Gayle for breach of contract, something they have chosen not to do because of cost to the club amongst other things.

[HarryPotter]

And they would have got nowhere.

Fact is its an employment contract, nothing more and they can all walk away and do what they want.

[Making_Splinters]

And they would have got nowhere.

Fact is its an employment contract, nothing more and they can all walk away and do what they want.

An employment contract is a legally binding document between two parties and either side has protection under the law to ensure that it is upheld.

[HarryPotter]

And the punishment for walking away is.......nothing.

[Making_Splinters]

The consequences of walking away from a contract to provide services are being taken to court for damages by the other party in the contract, a precedent that goes back in its modern form in the UK to the middle of the nineteenth century.

[HarryPotter]

Yet the practice every day in the UK today is that people walk away from employment contracts at will.

Practice and the letter of the law are very different as Gayle just demonstrated.

The damages would be minimal, if a Indian employment contract even made it to a UK court. In fact they would be in all likelihood, zero.

[Making_Splinters]

No Harry, Gayle has not demonstrated anything. Breach of Contract law in the UK does not automatically result in action like for example being in breach of Criminal law does; a contract is a private document drawn up by two parties and only if one of them chooses to take action over a breach will anything happen. This of course is tied to the constraints governing each party which is why the majority of contract disputes do not get taken to court simply because it is beyond the means of the inocent party as Somerset outlined they could take legal action over the contract and would have had a good case but felt that it was not in their best interests to do so. Gayle did not show that a contract is not legally binding or there are no consequences to walking away from it in general.

This means there is no precedence set under UK law by Gayle and certainly not under Indian law, and I don't think you can compare the means of an English county with those of an IPL team for fairly obvious reasons.

Your claims of their being no consequence to breaching a contract are flat out wrong unless a party chooses not to pursue the breach, and there is where your argument about consequence actually lies:

Are the BCCI likely or not likely to take legal action over a breach of contract, not whether or not they are able to.

They are able to, that is a fact.

[HarryPotter]

My point was that if they decided to it would be of no consequence to an English player. An Indian employment contract in a UK court....it would not even get that far.

[Making_Splinters]

Why do you keep talking about it being in a UK court Harry?

[ddb]

Why do you keep talking about it being in a UK court Harry?

He wants to delude himself that he's correct.

[HarryPotter]

Why do you keep talking about it being in a UK court Harry?

Because they are the only ones that matter to a UK citizen.

[Making_Splinters]

The Natwest three should have hired you as their lawyer Harry.

[mikesiva]

WICB CEO Ernest Hilaire tells us that the WIndies have been playing better without Gayle....

http://www.espncricinfo.com/westindies/ ... 63938.html

"There has been a paradigm shift. The emphasis is on selecting, not necessarily the eleven best players but the 'best eleven'. It is not dissimilar to asking whether we prefer a team of stars or a star team. They are decidedly different. The best eleven may not include the most attractive players but is rather a combination of players who, as a group, are more likely to bring positive results and show a commitment to sustained development." Hilaire said the West Indies team has been steadily improving and is on the right path. "Though the victories have not been tumbling in, there can be little doubt that West Indies cricket is showing the signs of learning the first characteristic of any successful enterprise - the determination to succeed. We have seen a greater commitment to fight to the very end, we have seen what was once thumping three and four day defeats in Test cricket now turned into epic final-day battles. This new approach is not far off from producing the results we all yearn for. Change does not happen overnight, it is a process, sometimes painful, always with mistakes and mis-steps but once on the right path the results are certain. I implore you to recognise that from the days when our team seemed conditioned to losing we now have a team which is battling to win and believing that it can in fact achieve victories."

I'm sorry, but I just don't see it that way....

Under Gayle, the WIndies won a home series against England 1-0, and drew a home series away to New Zealand. Under Gayle, the WIndies were ranked seventh, higher than the Kiwis. But now, the Windies have the same number of points as NZ, and their only series victory under Sammy has been against Bangladesh. The true test of how far the WIndies have moved on with their 'paradigm shift' will be when they play at home to NZ in the summer.

But these confrontational statements from Sammy and Hilaire are not helping Gayle to get back in the side. They may just succeed in driving Gayle away from the West Indies, a move that will hurt the WIndies more than Gayle. This past year has been Gayle's financial most lucrative year....

I'm willing to bet he will put up with this unsatisfactory state of affairs for six months, and will then call it a day....