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PROTRACK » GENERAL » VAL leaving themselves open to potential legal action

VAL leaving themselves open to potential legal action

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As per the handicap regulations, this is does not appear to be with the handicap regulations the VAL have set forth upon membership and with entering the stawell gift.

1) the stawell gift is an offer to treat placed by the stawell athletics club and the VAL
2) upon acceptance of entry fees it is no longer an offer to treat but rather an acceptance from the VAL/SAC
3) it is now a legal binding contract revolving around a large amount of money.
4) the terms of the contract to be agreed upon are to be placed prior to the contract being accepted by both parties. Please note that terms and conditions do not exist from a legal standpoint but rather there are only "terms" and conditions do not stand as you cannot hold one to "conditions".
5) for the VAL to hold a contract and change the terms of the contract, it must be brought to light and agreed upon by both parties.
6) if this has taken place without the consent of both parties coming to an agreeable term, the VAL/SAC will be deemed to have breeched the contract.
7) membership to the VAL is one contract. Acceptance of entry fees for stawell is another contract. It is legal binding on both sides. This is how they can enforce terms such as athletes bringing the sport into disrepute can be held against the athlete.
Cool it goes both ways! The governing body/league can be in breech of their terms set at the time of the contract!
9) if there are any breeches of the handicap regulations, an individual or party may object and seek compensation for this matter. If an athlete were to come 3rd and could prove that he/she lost by less than the difference of the improper allocated mark, the athlete could potentially be entitled to compensation.

* the VRTA need to step in to clean this up as I would assume that going by the facts, this could get messy legally if it is not mediated pronto. I know that if I came 3rd by 0.03 and was entitled to 0.50m, I would definitely seek legal course of action! There is $40,000 + publicity to be won.

My advice is for the VAL to change the handicaps of the people they have dragged, otherwise face the potential law suit. With a new sponsor on board, this could be grounds for sponsors to end their short lived sponsorship. Very big implications as a result of trying to muscle small people!!

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