Hypothetical contract void for overseas injury.

bstein14
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Hypothetical contract void for overseas injury. 

Post#1 » by bstein14 » Fri Jul 8, 2011 5:43 pm

I just want to know what happens if an NBA player under contract is injured while playing overseas.

For example, lets use Kobe Bryant... as he is rumored to be going to play in China and also may have interest in Europe.... and already has had some injury issues.

He's owed about $25 mil, $27.5 mil, and $30 mil over the next 3 seasons.

If he gets injured to the Lakers have the right to void his contract? Also, if they do could they then sign him to the league min if they wanted?

Seems like there may be a bit of a loophole for an NBA team like the Lakers to get out of Kobe's large contract. (Kobe will make even more in marketing and his greater legacy if he is able to win 2-3 more championships with the Lakers because of capspace they could get to sign Dwight or others).
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Re: Hypothetical contract void for overseas injury. 

Post#2 » by EireannX » Sat Jul 9, 2011 7:17 am

On what grounds could they void the contract?

They locked the players out which means currently they are effectively not under contract so the teams cannot tell them what to do. Just like they cannot randomly drug test them during this period, the players can do whatever the heck they want.
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Re: Hypothetical contract void for overseas injury. 

Post#3 » by NOOOB » Sat Jul 9, 2011 4:23 pm

In non-lockout times, the players' contracts require them to obtain written consent from their team to play in any games or exhibitions not put on by the league. Failing to meet that obligation gives rise to discipline, but I didn't see any reference to voiding the contract if they get injured. Take a look at para 12, here:

http://www.nbpa.org/sites/default/files/EXHIBIT%20A.pdf

The only possibility I can think of for voiding an entire contract is if the injury is severe enough (something permanent or that would last for the remainder of the player's contract), it might render the agreement voidable for inability to perform, under general contract law principles. It would probably require protracted arbitration with the union and eventually going to court to get something like that done.

As far as discipline is concerned, I'm not sure what happens if they get an injury that carries over past the end of the lockout. Maybe the team could fine them for games lost? Maybe they couldn't because the infraction giving rise to discipline occurred during the lockout?
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Re: Hypothetical contract void for overseas injury. 

Post#4 » by Dunkenstein » Sat Jul 9, 2011 5:47 pm

The Uniform Player Contract requires that a player must report to his team in good physical condition. And if the team's physician judges that the player is unfit to play skilled basketball, the team has the right to suspend the player without pay until he is deemed fit to play skilled basketball.

Under normal circumstances, when there is a CBA in effect, injured players' salaries are covered by the league's insurance policy, as long as the injury did not occur while participating in a non-sanctioned event or prohibited act, such as sky-diving or snow skiing.

However, this is not the case during the work stoppage. That's why you see a number of foreign players under contract to NBA teams unwilling to play for their national teams this summer in Olympic qualifying tournaments unless that team insures them for the total amount remaining on their NBA contracts.

For these reasons I doubt a player like Kobe would agree to play overseas during the lockout unless his foreign team got him an insurance policy that would cover him for the total amount he is still owed on his Lakers contract, thus protecting him should he sustain a lengthy or career-ending injury.
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Re: Hypothetical contract void for overseas injury. 

Post#5 » by wiLQ » Sun Jul 10, 2011 12:17 pm

bstein14 wrote:I just want to know what happens if an NBA player under contract is injured while playing overseas.

We don't have to discuss it hypothetically:
how many players were actually injured while playing overseas and what happened next?
From the top of my head I can name Pau Gasol [nothing happened after injury in terms of contract] and Jorge Garbajosa [he got a buyout from Raptors].
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Re: Hypothetical contract void for overseas injury. 

Post#6 » by Dunkenstein » Sun Jul 10, 2011 5:47 pm

wiLQ wrote:We don't have to discuss it hypothetically:
how many players were actually injured while playing overseas and what happened next?
From the top of my head I can name Pau Gasol [nothing happened after injury in terms of contract] and Jorge Garbajosa [he got a buyout from Raptors].

Nothing happend to them because they were playing in events sanctioned by the NBA, and the NBA games they missed were covered by the league's insurance policy.

Any players who play overseas during the lockout are playing in games not sanctioned by the NBA. Therefore, if a player get injured, once the league resumes play, he could be suspended without pay until he is deemed fit to play, and he is not covered by the league's insurance policy for NBA games missed.
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Re: Hypothetical contract void for overseas injury. 

Post#7 » by Nanogeek » Mon Jul 11, 2011 10:18 am

Players have to secure insurance if they play overseas in games not sanctioned by the league. This is why Stoudemire has stated he may not be able to play overseas - because his previous injuries have made even his base NBA contract uninsurable.
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Re: Hypothetical contract void for overseas injury. 

Post#8 » by Warspite » Fri Jul 22, 2011 7:28 pm

Even if they blow out a knee and miss a yr theres no point in trying to void future yrs when said player will be healthy.

The only way this comes into play is a career ending injury/accident.
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