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11-28-2012, 07:38 PM
Cup Please
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Join Date: Dec 2011
Location: Surrey, BC
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Originally Posted by LongRoad View Post
If you want a contract governed by future CBAs you include a clause in your contract stating that it is subject to future CBAs. These are complex legal agreements, they aren't governed by 'you should know', they're governed by the terms of the contracts. This is called an implied term in contract law. If you want to find an implied term it has to have been obvious that the term was included, at the time the contract was agreed to, to both parties. Given the fact that contracts haven't been written off in the past over CBAs, why would either party think that was an obvious term of current contracts?
I heard somewhere NHL contracts already contain clauses that basically state that the contract is subject to change with future CBAs. otherwise the league wouldnt even try to do roll backs with getting sued by the players

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