Quote Originally Posted by life on mars View Post
Interesting post from the Cardiff City Forum:

A while back I posted on this in relation to Vicarious Liability

https://www.cardiffcityforum.co.uk/v...p?f=2&t=206206

Firstly, and this is the main priority, let us not forget that someones life was lost and his Argeninian Family, His footballing family and friends all across the globe were effected by this tragedy.

Following a death, particularly one like this, finances do come into play, and this guilty plea (In my opinion) will have an effect on the ongoing battle over "who owes what".

There are two sets of proceedings in play:
1) Criminal Proceedings - Over Sala death
2) Civil Proceedings - Between Cardiff and Nantes FC

Section 11 of the Civil Evidence Act states that if a person is found guilty in criminal proceedings then they are considered negligent in Civil Proceedings


So, if in organising the flight, Henderson was acting as an agent for Nantes FC then Nantes FC are vicariously liable for his actions.

And if he is negligent that Nantes, being vicariously liable for his actions, then become liable for any monies lost as a result of that negligence.

Monies lost could include (but not limited to)
1) Money owed to Sala family - as a result of lost income during his career.
2) Money owed to CCFC - in respect to the transfer fee
3) Money owed to CCFC - as a result of Loss of Income as a result of being deprived of his services (this could be huge given we were relegated that season).

The way I see it is as follows:

Irrespective as to anything else we owe Nantes £15m there was intention to form a contract there

As a result of being vicariously liable for Hendersons actions Nantes deprived us of the benefit of that £15m investment and civil proceedings should see it being restored to us.

I believe CCFC should also now pursue Nantes FC for Loss of Income as a result of being deprived of his services. If a Court could be persuaded that we would have stayed up then we could be looking at 1,2 or even 3 years worth of Premier League Income.
Everything makes sense to me except for that last paragraph.
There's no court in the world would rule on us staying up or not had he played for us.
No way.

And I cant see any blame going past the aeroplane company and or the pilot.

Nantes is not culpable neither is cardiff city.

If I ordered you a taxi and you ended up in a crash, and it turns out the taxi driver has an expired licence and the car was faulty then its the company's fault. Simple as