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07-20-2012, 07:46 AM
  #38
enixer
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Quote:
Originally Posted by Kadri43 View Post
I know that you are saying hypothetically. Still, these contracts cannot possibly be re-negotiated. In the world of commercial law, a contract is a contract. Both sides have to live up to the contract. At the same time, is it possible for the new collective bargaining agreement to stipulate a new process of dealing with old front-loaded contracts? I highly doubt it. In the world of law, you cannot act retroactively. Too bad though, the new contracts are just retarded.
... except that the contract isn't between the NHL and the team/player, the contract is between the player and the team, subject to whatever is set out in the collective bargaining agreement. Kovalchuk and the Devils signed a contract that the League didn't like, too bad for Kovalchuk and the Devils. The League didn't just have the authority to shoot down the deal, they had the authority to nail the Devils to the tune of $3M and 2 draft picks for signing it. So much for commercial law, right?

The new collective agreement can absolutely come up with rules to deal with these long term agreements. The agreement between the NHLPA and the NHL makes the rules, not the individual contracts between players and teams.
If the collective agreement says, "all deals will be limited to 5 years," and then says "this rule shall also be applied to existing contracts, so that all existing player-team contracts are deemed to last a maximum of 5 years," what prevents this?

We'll see, but I wouldn't be surprised if all current agreements would be honoured, and the limit will only apply to future contracts.

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