Nick Szczepanik
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Gabriel Heinze is understood to have a letter from David Gill, the Manchester United chief executive, that allows the Argentina defender to leave the Barclays Premier League champions if the club receive a bid of £6.8 million. But if Heinze is relying on that letter’s legal force to allow him to move to Liverpool, he may be disappointed. According to a leading sports lawyer, the document may not be legally binding if Heinze has not offered anything in return for his release.
“It all depends on what legal status the letter has,” the source, who asked not to be named, said. “If David Gill has written a letter to Gabriel Heinze saying you can go if we get this valuation, then does that actually vary his employment contract? There is an argument that it doesn’t.
“It would show a clear intention on the part of United that they were willing to let him go for the sum of £6.8 million – if that is the figure – but it would not be unequivocal and it would not prevent Manchester United from arguing that it is just a ‘gratuitous promise’, not a contract. A gratuitous promise is unenforceable in a court of law.
“Basic contract law is offer, acceptance, consideration and an intention to create legal relations. What was the consideration from Gabriel Heinze in exchange for this promise that he can leave for £6.8 mil-lion? I promise to turn up for work and they promise to pay me a certain amount of money, and that is the basic ‘consideration’ – that I will turn up because they pay me. But Heinze is already under contract to turn up for work anyway. What more could he have offered to procure this promise that he can go if someone pays £6.8 million?
“It could come down to a question of integrity and credibility for Manchester United and David Gill if he has signed this letter. It is open to him to say, ‘It was a promise, but I didn’t know the circumstances in which you were going to rely on that, and it is not a contract and you cannot hold me to it.’ ” If, however, Heinze did provide a consideration, United may not be able to prevent him moving to Anfield. “Assuming there is some enforceability to this promise that he can go if they receive a certain offer, then unless that letter stipulates that the player cannot go to a certain country or a certain club, then he can go,” the lawyer said.
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completely ignoring the fact that united own heinze outright and legally... whereas west ham illegally "stole" tevez from joorabchian and MSI, therefore united aren't "tapping up" tevez
Paddy, Dublin,
Well the part to be played by Heinze in return for him accepting Gills offer to leave would be the release of man U to pay him for the remaining 2 years, I guess. You can go if we receive a certain offer meaning the contract would be ended by Heinze's willingness to leave.
What was the intent of Gill's letter to Heinze? Why didn't he say in the letter that 3 teams were not acceptable to Man U? Why do English top teams act so childish with each other. Other countries are not so foolish acting with one another. They seem to have more concern for the players. Who would want a player on their team after you made him a slave against his wishes? How well do you think he would play?
I think Alex is bitting his own hand to spite Rafa and that is,I am sure, exactly what he wants to do!
Heinze doesn't want to play for Man U anymore. Who would after the outbursts made by Fergie? Watch out Heinze there might be boots flying in your direction as the big kid has another tantrum!
magnum opus, Utrecht, Netherlands
dave / GK i guess it just comes to show how narrow your minds can get. It is sad Tevez wanna leave West Ham (the whole world knows its a launchpad for them to get a move to a big club except you) If West Ham did capture their signatures permanently, Man Utd will be talking to West Ham now. Now we all know who actually owns Tevez and who doesn't. God knows you Hammers can't afford to pay 20-30 million pounds to get Mascherano and Tevez to start with so stop this silly day dream and face the truth.
West Ham got the two Argies on loan for a year thats a fact ! West Ham has no money to buy thats a fact ! Live with it !
GOD is Red, KL, Malaysia
Eh, Fifa rules on players buying out their contracts passed 2 weeks after the end of last season. If it was that straight forward dont you think it would of happened? Considering pool managed to get the Champions league places changed to 5 for one season and managed to get Macherano after last seasons transfer window closed, i think the phrase "dont throw stones in glasshouses" comes to mind.
And as for bullying West ham, Tevez is leaving. United are only trying to sign him.
United just dont want any players going to Liverpool that will make them any better. Heinze is our 2nd choice left back and would be pools first choice, in that regards you can have him. Fact is most of uniteds 2nd string team would improve liverpool.
Chelsea lost terry and czech for a couple of months. United lost scholes for a whole season and nothing was said of it. Typical scouser goggles. Funny how missing gary nevill, heinze and saha for half the season doesnt count for much.
Oran Drumgoole, Dublin, Ireland
Heinze is under contract for another 2 years. For a sale to go ahead one club has to want to sell and the other has to want to buy. United don't want to sell and they have no obligation too so therefore no deal can be done, end of story.
Tim, Cheltenham, flood stricken Gloucestershire
Interesting failure to grasp the facts Dave Leigh: the difference here is that United own Heinze, whereas West Ham don't own Tevez (despite what they think): they didn't pay a penny for him, so they can hardly justify expecting £30m for him now, having unilaterally (therefore unlawfully) terminating their agreement with MSI and JSI.
Mark Hilton, Manchester,
Have you lot missed the point - I don't think SAF is worried about Heinze coming back to haunt him or he wouldn't be willing to let him go in the first place... He doesn't want a backlash from the fans because Liverpool are fierce rivals... nobody in the league wants to do business with their arch enemies its just common sense...lets just hope this whole sherade doesn't go on for as long as the Tevez bore.
kieran, london, england
All you's scousers are hilarious?? Tell me this, how do you feel about your club going to such lengths to sign a Man U player??? I know i wouldn't be happy if Utd were doing the same to sign a Bindippers player. Legal action, pathetic. And before you start the Tevez situation involves MSI and West Ham.
I'm not disappointed that Heinze may go to Liverpool, even from a Utd fans perspective, he was a bit dodgy last season but he is still a good player. I'm disappointed that any of our players would want to take a step down. Maybe the bearded one feels this is the only way to get a league winners medal in his squad.
To David Wright, yeah mate Utd have been running scared of Liverpool for years, so scared in fact that we've hid at the top of the league, where we know you cant get us. Ha ha!
Del Smyth, Manchester,
What if Heinze didnt exercise his rights under the new FIFA ruling to buy out his own contract within the time frame stipulated on the promise by David Gill that he can have the transfer that he wants provided the buyer meets a stipulated price? Would this letter signed by David Gill be effective under the circumstances
Koh, JB, Mal
Man U, especially Fergusson, are the biggest hypocrites going. When they court another teams player it's fair game, when it's anyone else Fergie whines and bleats about illegal approaches and tapping up. Dave Leigh mentioned Tevez, years back Ince was photographed on the pitch at Upton Park wearing a Man U top, just prior to his trf, that was presumably OK...how many other players and temas have they unsettled during his reign with their obnoxious tatics. Brilliant manager, unpleasent human being.
GK, London,
What a load of pap from the lawyer! He/she contadicts him/herself. Heinze doesn't have to offer anything in return for the letter to be regarded as a clause in his contract. Why should he have to offer something? The letter is a benign offer by he club, and not based on a return offer by the player! He can go to Anfield, and Ferguson knows it.
S. Wainwright, St M ary's,
Typical Utd we can bully other clubs in to selling their players ie Tevez and West Ham, but you cant buy ours if we dont want to sell forgetting under the FIFA ruling a player can now buy out the last two years of his contract. And the same Utd who started throwing the toys out when being out bid for plays by Chelsea when they had been buying the title for years. As the saying goes live by the sword die by the sword.
Jim Mason, Liverpool,
United are afraid Heinze could be the final piece of Benitez's premier puzzle and are trying to keep it.
United would be foolish to hold onto Heinze. Could you trust a player being held against his wishes? Even if he languishes in the reserves for the remainder of his contract he will have a negative and disruptive influence on those around him.
Then there is the financial aspect - What if he refuses other moves and sits tight for 2 years? Why waste £6 million just to make a point, it shows the opposition that you fear them.
United are obviously happy with the cover they have or they wouldn't consider selling him. If Heinze has a weakness why not sell him to the opposition and introduce a known weakness to their team and then exploit it?
When United played Liverpool at Anfield they were outplayed and managed a fortunate late winner. Arsenal beat them. Chelsea suffered badly from injuries otherwise they may have won the league.
Are United scared? Why spend so much?
David Wright, Liverpool, United Kingdom
Dave do you know what tapping up means? West ham DO want to get rid of Tevez - because Tevez doesn't want play for the club BUT united cannot deal with West Ham as they do not legally own the player. Is that hard for you to grasp? It's not tapping up - because we're not dealing through west Ham ...because they DON'T OWN THE PLAYER....If they did United WOULD talk to west ham and certainly respect them enough to make a proper offer TO THEM...Everyone in the main has 'tapped up' - in this instance United are innocent but don't let your blind prejudice stop you from making your child like and naive point
Marc Denny, London, England
Man U, especially Fergusson, are the biggest hypocrites going. When they court another teams player it's fair game, when it's anyone else Fergie whines and bleats about illegal approaches and tapping up. Dave Leigh mentioned Tevez, years back Ince was photographed on the pitch at Upton Park wearing a Man U top, just prior to his trf, that was presumably OK...how many other players and temas have they unsettled during his reign with their obnoxious tatics. Brilliant manager, unpleasent human being.
GK, London,
manu dont want to sell to liverpool fergie talks of tapping up players ha this from mr tap up, west ham dont want to sell tevez to manu fine then but guess who aint taking no for an answer you couldnt make it up
dave leigh, carlisle,