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Hypothetical Contract Law Question

  • 09-09-2021 11:53pm
    #1
    StupidLikeAFox
    Registered Users, Registered Users 2 Posts: 7,722 ✭✭✭


    What happens if contracts contradict each other?

    Hypothetical example - while at Barcelona Lionel Messi personally signs a contract with Etihad as their exclusive brand ambassador. Messi moves to PSG and as part of that contract commits to representing their brand partners exclusively. Subsequently PSG sign a contract with Emirates that their players will represent them exclusively. Messi is now in a predicament as these two contracts are no conflicting - what happens in this situation?



Comments

  • #2
    mickdw
    Registered Users, Registered Users 2 Posts: 23,465 ✭✭✭✭mickdw


    You would imagine in that case that he couldn't sign a contract to exclusively represent the new clubs partners if he still has a contract with the others.

    I'd imagine he would have to attempt to release himself from the first contract before signing new one else be in breach.



  • #3
    Victor
    Registered Users, Registered Users 2 Posts: 78,494 ✭✭✭✭Victor


    He goes from Barcelona to PSG but stays with Emirates. No conflict.

    Work like this is how the agents and lawyers make their money.



  • #4
    StupidLikeAFox
    Registered Users, Registered Users 2 Posts: 7,722 ✭✭✭StupidLikeAFox


    https://www.boards.ie/discussion/comment/117870579#Comment_117870579

    Stays with etihad you mean? So in that case can Emirates enforce the contract against PSG because their player is representing a rival?



  • #5
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,712 ✭✭✭✭Peregrinus


    Messi obviously shouldn't sign a contract with PSG obliging him to represent Emirates exclusively when he already has a binding contractual obligation to represent Eitihad exclusively. If he does anything to represent Etihad he is in breach of his contract to PSG; if he does anything to represent Emirates he is in breach of his contract to Etihad; he could quite easily end up in breach of both contracts, in which case he is at risk of (a) not being paid under the contracts and/or (b) being sued for breach of damages.

    So, what he should do is recognise the situation he's in, and either (a) negotiate the variation or termination of his Etihad contract so that he can sign and honour the PSG contract, or (b) negotiate an exception to the PSG contract so that it will permit him to honour his Etihad contract.

    If he does neither of these things and just signs the conflicting contracts, then he is exposed to the risks outlined. But it might be that he calculates that these are risks that he can run. He is the great Lionel Messi; is PSG really going to fire him if he continues to endorse Etihad? Is Etihad going to drop him if he turns up at an Emirates function? He might calculate that he has a commercial value and a bargaining power that will enable him to get away with this kind of thing.



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