Re: Terroristan - July 27, 2018
Posted: 25 Sep 2018 06:13
Memorandums of Understanding are not legally binding contracts. Besides, this was only a letter signed only by the sender. There were no counter signatures (see photo at the bottom of the page). This is more like a Letter of Intent.Kashi wrote:I believe the Baki case is not about India (and other countries) refusing to tour there. They are making a case for loss of revenue because we have completely blanked them out of ANY bilateral series with them either in India or on neutral territory. They are banking on some purported MoU between BCCI and PCB and begging for compensation on that basis.
Besides, in the western courts, it is very difficult to prove loss of future revenues without the contract explicitly stating that if one of the parties defaults, the other party has a right to collect a breakup fee based on loss of income. The MOU did not state any such default conditions. If forced, the first (accused) party then can argue back that the loss of income did not occur or is not likely to occur because the aggrieved party could have found alternate sources of revenue with enough time available. In this case, pakhanistan could have played other nations or sent out the players to play in other tournaments.
One example often quoted is when the west declined to participate in the Moscow Olympics because of Soviet aggression on Afghanistan in 1980. The Soviets saw a massive loss in revenue but had no grounds to take the western nations to court.
ICC will throw this false case out on its ass. Even one of their own ex-chairmen had said it. A wise stance.
Zaka Ashraf says PCB wasting time over MoU issue with BCCI
https://dailytimes.com.pk/193167/zaka-a ... ssue-bcci/Pakistan Cricket Board’s (PCB) legal battle against its Indian counterpart over the resumption of bilateral series between the neighbouring countries is a ‘waste of time’, according to former PCB chairman Zaka Ashraf. Zaka, while talking to reporters here Wednesday, said the PCB would not get any success as its Memorandum of Understanding (MoU) with the Board of Control for Cricket in India (BCCI) signed in 2014 to assure both sides will play bilateral series from six bilateral series from 2015-2023 had no strong legal biding to force India against its stance.
Here's the letter (or so called MOU) that the pakis are waving as proof. It clearly talks about a future agreement to be entered into which will then form the basis of the contract. Either pakis are illiterate idiots or do not have qualified legal counsel to advise them on such matters.

