Francis v South Sydney District Rugby League Football Club Ltd [2002] FCA 1306

FEDERAL COURT OF AUSTRALIA

Francis v South Sydney District Rugby League Football Club Ltd [2002] FCA 1306 AGENCY – professional Rugby League Football player, injured in a match – claims that his coach promised him a contract with club for following year if he would defer question of surgery until end of current season, and resume playing after three weeks, rather than having immediate surgery and be off field for virtually whole of remainder of current season – player defers surgery and resumes playing after three weeks – club subsequently makes plain to player and his manager that club will not be exercising its option to renew his contract for following year's season – towards end of season, player ceases playing and has surgery – club does not wish to retain player for following year – player cannot obtain engagement by any other club – player claims inadequate time had remained available for him to become marketable for following year – his being out of competition that year signifies no club interested in him for subsequent years – claim against club for damages for loss of career as professional football player – actual and ostensible authority of coach to engage player on behalf of club – power of coach to render club liable for breach of contract, breach of fiduciary duty, negligence, misleading or deceptive conduct – state of mind of player and his manager as to coach's authority to commit club – attribution of manager's knowledge of coach's lack of authority to his client-player. CONTRACT – consideration – promise to perform existing contractual duty owed by promisee to promisor – whether good consideration for promisor's promise. CONTRACT – repudiation – whether innocent party obliged to elect to accept and to sue at once for damages. CONTRACT – acceptance – whether conduct relied on as constituting acceptance of offer accompanied by intention of accepting it. ESTOPPEL – unreasonableness of reliance on representation. FIDUCIARY DUTY – whether owed by football club to employed professional First Grade Rugby League player – whether fiduciary duty is owed by employers to employees generally in respect of making of statement when reliance on the statement would be unreasonable – whether statement by coach to player can put club in breach of fiduciary duty. NEGLIGENCE – promise or assurance given by coach of football club to player that he will have a contract with club for following year's football season – whether made in course of coach's duties – whether club vicariously liable for its coach's statement. NEGLIGENCE – duty of care – whether duty of care arises in respect of making of statement when reliance on the statement would be unreasonable. TRADE PRACTICES – whether football club's conduct towards its employed professional Rugby League Football player was unconscionable – whether club's coach's conduct was to be attributed to club under subs 84(2) of the Trade Practices Act 1974 (Cth) – whether subs 84(2) a code – whether other principles of vicarious liability apply. UNCONSCIONABLE CONDUCT – whether conduct of football club towards its employed professional First Grade Rugby League player was unconscionable – whether player suffered from a "special disability" or "special disadvantage" – meaning of "unconscionable". 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