Ex­pert view Could ri­vals sue?

The Daily Telegraph - Sport - - Rugby Union - By Ben Cis­neros

As I see it, there are two pos­si­ble le­gal claims that Premier­ship clubs might bring against Sara­cens in light of the salary-cap breach – but both would have a slim chance of suc­ceed­ing.

The most straight­for­ward would be a claim for breach of con­tract.

Sport­ing reg­u­la­tions are read­ily con­strued as con­tracts by the courts. As such, a club might ar­gue that Sara­cens owed them a con­trac­tual duty to com­ply with the reg­u­la­tions.

But what would they be claim­ing for? To re­cover any dam­ages, a club would have to prove they suf­fered loss, and that Sara­cens’ breach caused it. Quan­ti­fy­ing losses, such as prize money and spon­sor­ship, and prov­ing who caused them, would be in­cred­i­bly dif­fi­cult.

A sec­ond pos­si­bil­ity would be a claim for the eco­nomic tort of “caus­ing loss by un­law­ful means”. For a claim to suc­ceed, the wrong­doer must also have in­tended ei­ther to do the un­law­ful act, or to cause the claimant to suf­fer a loss.

Again, this would be very tough to prove.

Ben Cis­neros ed­its the blog ‘Rugby and the Law’

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