Warning: due to the subject matter, this is going to be a long post.
Firstly I must state that I am not a qualified lawyer although I have studied and sat (and passed!) a paper on contract law as part of my accountancy studies. It does not make me an expert so my disclaimer follows.
Disclaimer: My opinions here are my opinions only and in no way should anyone take the contents of this post as legal advice.
If there are any law practitioners reading this post, I will be happy to hear you point out any errors I made.
Your rights as a chess participant
How many times you have participated in tournaments where the organizer/arbiter act like God? They are like judges in a courtroom, their powers are not to be questioned. Their attitude is "my tournament, my rules".
Chess players are always an aggrieved and powerless lot. They are always at the mercy of organizers/arbiters/officials actions and rulings. Some these rulings even seem arbitrary. Yet chess players do not have any recourse against such actions.
Maybe some of you might not even know you have any rights until now. Here I want to give everyone some food for thought about your rights. I am going to discuss about chess organizers and whether their actions are legal under the Law of Contracts.
Before we start, we need a basic understanding of the Law of Contracts.
Invitation to Treat
We must distinguish between a contract and an "invitation to treat". An invitation to treat is an expression of willingness to negotiate a contract. It is an offer that is non binding.
A good example is the display of goods in a shop window. The shop owner is inviting you into his shop. You see the goods on display, maybe you feel like buying something. You walk into the shop. The shop owner does not like your face and refuses to sell you anything. Does he have this right? If you open a shop, can you refuse to sell your goods?
The answer is YES, because there is no contract yet. The display is an invitation. You go in and OFFER to pay for the goods at the amount advertised. The shop owner ACCEPTS your offer and the transaction is completed. Most people will be thinking it is the other way round but it is not - at least this is what I learnt, any legal practitional is most welcome to correct me here.
Other examples are the advertisement of a price, invitation for tenders or auction, invitation to apply for shares etc. Usually these invitations will come with some terms attached for example, subject to stock availability, and in tenders a disclaimer that the right not to accept any tender. In the case of an auction there may be a reserve price and if the highest bid does not meet this price, then the auctioneer need not sell.
Contracts
A contract is a binding agreement between two or more parties. There must be an offer and an acceptance and a mutual understanding (meeting of the minds) of the terms of the contract.
You offer and I accept to buy a car from you at the price of one thousand dollars - a contract is formed. On delivery, I found that the car is actually two half-cuts joined together (side note: this does happen in Malaysia, so be carefully if you are buying a second-hand car!). I can dispute and demand my money back, if necessary by going to court - a sane man expects to buy a whole car, therefore there is no meeting of minds.
Consideration
There must be something of value to each party. This can be monetary or something of value. It does not matter if the perceived value is not the real value. You sell me your car for one thousand dollars. Later I found that the market value is only five hundred. The contract is still valid. This is caveat emptor or "let the buyer beware"
Proton Holdings Bhd (Malaysian car manufacturer) famously sold MV Augusta (a motorcycle maker, which they originally bought for 70 million Euro) for one euro. The Malaysian public is incensed. Why one Euro? Might as well give it away , right?
The answer is that they could not give it away for nothing (no consideration). They have to sell it for one Euro, otherwise the contract could be considered non binding. This is known as nominal consideration.
Consideration is not necessary monetary. You go to a car wash, pay money and get back a clean car. The clean car is your consideration.
Delivery and Performance
You agree to sell and I agree to buy your car for one thousand dollars (a contract is made). You drive the car to my house and hand over the keys to me (delivery). I pay you one thousand dollars (performance). If I do not pay you, I am in breach of contract.
Legality of contract
I pay you one thousand dollars to kill X. You take the money but do not perform your part. I take you to court for not living up to your end of the contract. The judge throws out the case as this contract is not enforceable by law since it involves murder which is an illegal act. Not only did I lose the case, the police are waiting outside to take me into custody.
You promise your girlfriend you will marry her. Based on this, the two of you consumate the deal (think what you want). Months later, you still refuse to marry her. She sues you for breach of contract for one million dollars. Lesson learn: contracts can be oral.
What's chess got to do with it?
The first question is whether a chess tournament, the participants and the organizers are entering into a valid contract. Let me put forward a few scenarios
Scenario 1
Someone advertises to hold a chess tournament, Entry fee is twenty-five ringgit, there are three prizes five , three and two hundred. The tournament is open to all those without a FIDE rating.
By advertising the tournament whether on a website or by email or other means, the organizer is making an offer to treat. If a player shows up at the tournament with the intention to take part, this is an intention to accept the offer. The entry fees and the prize money are the considerations to this contract.
If I were to show up and try to enter the tournament, the organizer can refuse to accept my entry. This is because the advertisement is an offer to treat , not a contract yet.
But suppose the organizer accepts my entry by taking my twenty ringgit and puts my name in the list of participants. This forms a valid contract between the tournament organizer and me. I am paired every round and I even win the tournament half a point ahead of the nearest participant.
At the prize giving, I am not named the winner. The organizer claimed that I have a FIDE rating and the tournament rules specifically excludes me from partipating. Instead the first prize is given to someone
else.
I have paid the entry (consideration). I have completed the tournament ahead of everyone (performance). The organizer did not award the first prize to me (non performance). This is breach of contract and if I were to take this case to a court of law, I believe I have excellent chances of winning.
Scenario 2
Someone advertises to hold a chess tournament, Entry fee is twenty-five ringgit, there are three prizes five , three and two hundred.
I show up at the tournament venue at the said time. I'm the only one there, organizers say the touranment is cancelled and goes home.
Scenario 3
Someone advertises to hold a chess tournament, Entry fee is twenty-five ringgit, there are three prizes five , three and two hundred.
I show up at the tournament venue at the said time. The number of players is only ten (organizer will lose money since the entry fee cannot support the prize fund advertised). Organizers revise the prize to one hundred, fifty and thirty ringgit.
For both scenario 2 and 3, the organizers have this right. Now, most of you might disagree with me. The commonest argument will be that the organizers cannot simply cancel or change the prize fund at their whim.
There cannot be a contract between the organizer and player in both scenarios because there has been no consideration until the organizer accepts the player's entry fees. As long as the organizer have not accepted any fees, they have the right to change the conditions, even to the extent of cancelling the tournament altogether.
However, if entry fees are accepted then the person who have paid the fees (and the organizers accepted it) have the right to object to any changes.
Scenario 4
Someone advertises to hold a chess tournament, Entry fee is twenty-five ringgit, there are three prizes five , three and two hundred. The tournament is six rounds on Sunday , 4th April 2010.
I send in my entry with twenty-five ringgit entry fees. On 29th March 2010, the organizer announces that the tournament has been postponed to 11th April 2010. I happen to be out of town on that day. I insist that the tournament be held on 4th April. The organizer does not comply and I take the case to court.
Scenario 5
Someone advertises to hold a chess tournament, Entry fee is twenty-five ringgit, there are three prizes five , three and two hundred. The tournament is six rounds on Sunday , 4th April 2010.
I send in my entry with twenty-five ringgit entry fees. On the day of the tournament over a hundred players turn up. The organizer changes the number of rounds to nine to accomodate the large number of participants. I think my chances are better with a six round tournament and I protest against the change.
For both scenario 4 and 5, I am within my rights. After the contract has been made between the organizer and me, the terms cannot be changed without my agreement. This relates to the prize fund, tournament schedule, number of rounds, entry fees and anything else that has been advertised beforehand.
Scenario 6
Scenario six is not a scenario but a really happened. In late 1980's , Peter Long showed up at a tournament organized by Latiff who refused him entry. Peter demanded a reason, eventually Latiff told him that there was a ban on him (Peter).
The kicker of this story. Peter wanted to know why he was not informed of the ban and Latiff replied that is was a "secret ban". I found that so funny because "secret ban" should be added to this list of oxymorons
Unfortunately, it is true that anyone can be denied entry at the organizer's discretion, just like the shop owner example I gave above.
The End
If you protest too much, most organizers think that they can just refund your entry fees and that is the end of the matter. In actual fact, you do not have to accept it but most of us will because it is not worth the trouble to pursue.
On an ending note, I just want to point out that we do not need to go to court for such small matters. In Malaysia (and most countries), there is a Consumer or Small Claims Tribunal. You do not even need a lawyer. For a small fee ( I think fifteen ringgit or thereabouts) you can bring your claim to the tribunal for hearing. This advice is only if you got cheated on purchases etc, not for claims against chess organizers!
Tuesday, March 30, 2010
Another new Malaysian chess blog
This morning I saw another new chess blog which just started yesterday. I read the first post and already hooked. There is an air of mystery about our new blogger. He does not identify himself but gives some clues - around since the early 90s, represented Malaysia several times, still plays competitively today - aarrgh I still cannot figure out who he/she is!. More clues, more clues!
This blogger has confidence in him/herself - "my opinions are based on my experience and skill in chess, of which I know have much more than the average blogger" -, has a nice little niche for his blog - my opinion the crap that people throw around in the Malaysian chess scene today, tomorrow, the day after and so on.
I think he read my 7 reasons why you should not start a chess blog and decided all those reasons did not apply to him/her :) All in all a very promising new blog!
His blog is here
This blogger has confidence in him/herself - "my opinions are based on my experience and skill in chess, of which I know have much more than the average blogger" -, has a nice little niche for his blog - my opinion the crap that people throw around in the Malaysian chess scene today, tomorrow, the day after and so on.
I think he read my 7 reasons why you should not start a chess blog and decided all those reasons did not apply to him/her :) All in all a very promising new blog!
His blog is here
Friday, March 26, 2010
Norazman pleads his side of the story
I found this letter on Ng6 blog. I too do not take any side but I believe everyone has a right to his side of the story.
With this in mind, I publish the letter which Norazman sent to Ng6 and published on Ng6 blog.
From:
To:
Zali302@yahoo.com
Saya terpanggil untuk menulis cerita sebenar tentang peristiwa yang berlaku di Kejohanan Catur di Titiwangsa. Kejadian yang telah diperbesarkan itu berlaku disebabkan niat seseorang yang menyimpan dendam peribadi.
Setelah lama menyepi dari pertandingan catur, saya telah bermain di kejohanan kelolaan seorang sahabat Mr. Collin Madhavan di Cheras. Di sana, saya telah menjadi juara. Disebabkan kerinduan kepada catur, saya pun mencari di Internet kejohanan pada hujung minggu itu(Ahad,21hb Mac 2010).
Saya terlihat ada dua kejohanan di Kuala Lumpur iaitu Stonemaster dan di Titiwangsa. Di Stonemaster, saya tahu hanya untuk rating 1600 ke bawah. Maka, saya hanya menghantar 2 orang anak saya menyertai kejohanan tersebut. Saya tidak sedari di Titiwangsa pertandingan tersebut juga hanya untuk rating 1600 ke bawah.
Saya telah kenal En.Latiff semenjak 1998, iaitu 12 tahun lepas semasa beliau mengendalikan kejohanan di Universiti Malaya(UM).
Sejak itu, persahabatan kami semakin rapat sehingga beliau selalu datang ke Chow Kit bersama sahabat catur yang lain iaitu Azahari Md. Noh dan Ghazali Che Kob. Kami selalu bermain Blitz di sana bersama rakan-rakan lain.
Kira-kira 6-7 tahun yang lepas, beliau telah meminta saya dan rakan saya membuat kerja wiring elektrik di rumah beliau di Taman Melawati. Semuanya berjalan lancar sehingga di tahap akhir, kerja wiring tersebut kami ada berbalah pasal harga yang beliau pinta.Semasa pertemuan saya dengan Rizal A. Kamal di pusingan ke-4 kejohanan di Titiwangsa,kami di meja pertama. Di luar dugaan saya, jam yang dibekalkan dimeja tersebut tidak berfungsi dengan baik. Saya telah mengunci jam tersebut sebanyak 2 kali kerana ianya tidak bergerak. Pada kali ke-3 saya mengunci jam tersebut, seorang budak lelaki India berumur sekitar 11-12 tahun, tiba-tiba berkata "tadi masa ada 10 minit". Tapi jamnya tertera sekitar 6 minit lebih.
Saya terkejut mendengar dakwaan budak India tersebut dan saya kata "mana ada" kerana saya hanya mengunci jam tersebut dan tidak menyentuh masa. Pada masa itu, Rizal melihat masa pada jam tersebut dan tidak komen apa-apa pun. Sebelum itu pun, saya ada mengunci jam tersebut dan tidak berlaku apa-apa. Sekiranya benar dakwaan budak lelaki India tersebut, Rizal sudah terlebih dahulu membuat bantahan dan menghentikan permainan tetapi, itu tidak berlaku. Beliau bukan sahaja tidak melihat sebarang perubahan masa tetapi yakin tiada berlaku sebarang penipuan.
Dia meneruskan permainan seperti biasa dan akhirnya saya telah berjaya mendapat posisi checkmate, lalu beliau pun resign. Setelah kalah dalam permainan tersebut, barulah dia hendak mendisqualifiedkan saya dengan berbagai cara antaranya membesarkan kembali dakwaan budak lelaki India tersebut. Cuba kita ambil sebiji jam catur dan lihat dari sisi tepi masanya, kemudian lihat dari hadapan. Sudah tentu akan terlihat perbezaan masanya. Seandainya saya hendak mengubah masa jam tersebut, ianya bukan 6 minit sepatutnya 1 minit barulah saya boleh menang masa. Di mana akal kita yang sihat boleh mengatakan perkara tersebut boleh berlaku dan Rizal memang sedar tentang perkara tersebut.
Ianya hanya dibangkitkan untuk memenangi kejohanan tersebut dan semata-mata kerana RM 500 beliau tergamak memburukkan orang lain. Di manakah etika seorang pemain catur yang budiman? Dunia catur kita kecil sahaja, satu masa nanti orang akan tahu siapa betul dan siapa salah. Rizal, jujurlah dengan diri sendiri adakah anda benar ada melihat sendiri masa telah dikurangkan? Janganlah hanya kerana dakwaan seorang budak lelaki India, hukuman dijatuhkan pada seseorang. Andai begitu kejadiannya memang sungguh senang hendak memburukkan seseorang dan apa akan jadi kepada dunia catur kita?
Kepada En. Latiff sebelum permainan bermula, saya telah menyemak rating saya dengan seorang rakan, Chong Kwai Kun(pemenang ke-4) dan rating nasional saya ialah 1684. Saya telah bertemu dengan En.Latiff dan telah bertanya sebayak 2 kali kepada beliau "bolehkah saya bermain", dan beliau kata "mainlah dulu" kemudian nama saya pun disenaraikan. Tidak masuk akal beliau tidak kenal saya dan tidak tahu rating saya.
Setelah semua perlawanan selesai dan pada majlis penyampaian hadiah nama saya telah dikeluarkan dari senarai pemenang. Saya bertanya kepada beliau mengapa dan apa sebabnya? Beliau berkata rating saya lebih dari 1800. Itu hanya rating fide saya. Kemudian wang entry fee saya pun dikembalikan. Bukankah lebih mudah saya tidak disenaraikan dari mula.
Saya kemudian sedar, perkara tersebut telah beliau rancangkan sedari awal. Kes jam dan rating tersebut hanyalah alasan beliau untuk mengenakan saya kembali dengan cara yang licik. Kepada En.Latiff janganlah hal peribadi mempengaruhi keputusan profesional kita. Kepada Rizal, janganlah hendak menghalalkan RM 500 itu hanya dengan dakwaan seorang budak lelaki India. Sekiranya perkara tersebut dibiarkan berterusan sungguh malanglah masa depan catur kita. Sesiapa sahaja boleh menjadi mangsa seterusnya.
Labels:
Norazman
Thursday, March 25, 2010
Naming names
A certain player was accused of cheating by manipulating the clock (according to the report a bystander saw that the clock times were changed). This player subsequently won the tournament. However he was disqualified - not for cheating - for playing in the tournament when his FIDE rating was above the maximum allowed. The player who accused him was awarded the top prize instead.
However, some people started commenting in various shoutboxes and the accused name came up. His name is now well known and now everyone is calling him a cheat. I have no knowledge of the truth of the claims but this man will forever be branded a cheater. I kind of have a problem with this. It is like presuming guilt without a trial, since the arbiter never tried to verify the accuser's claim (fairly easy by adding up the clock times factoring in any increments).
This is a dangerous trend - using shoutbox to accuse or smear a person's reputation. I am still considering whether to remove my own shoutbox. It will be a pity to do so, because it is still the best way to get feedback from readers.
However, some people started commenting in various shoutboxes and the accused name came up. His name is now well known and now everyone is calling him a cheat. I have no knowledge of the truth of the claims but this man will forever be branded a cheater. I kind of have a problem with this. It is like presuming guilt without a trial, since the arbiter never tried to verify the accuser's claim (fairly easy by adding up the clock times factoring in any increments).
This is a dangerous trend - using shoutbox to accuse or smear a person's reputation. I am still considering whether to remove my own shoutbox. It will be a pity to do so, because it is still the best way to get feedback from readers.
GM Gerhard Schebler
Pic - Gerhard Schebler
Schebler is married to a Thai national and has recently choosen to settle down at the seaside resort town of Pattaya, Thailand. True to his passion, he founded a chess club there and is looking forward to help to develop chess in the region and to take care of the chess tourists.
With 20 years experience of coaching, Schebler is willing to impart his experience and expertise. He will be available for single/group lessons of any strength up to 2350 Elo. Lessons can be given in Malaysia or Pattaya (which is an entertaining place).
Other services he plans to provide are online lessons on the ICC chess server and as a tournament guide for any kind of championships and also for various kind of simuls.
He can be contacted by email (caissas_erbe@yahoo.de) and beginning of May by phone - 0066 (0)81 1595341
Wednesday, March 24, 2010
Sportsmanship and Cheating
Recently there is a case of cheating being reported by various blogs. You can read the full story here.
I just want to say that such accusations are almost impossible to prove. Everyone have a story of how they were cheated. Just to give my example, over twenty years ago this happened to me. I was up against a player who has been around for a long time. At that time I was a very fast player and after each move I usually get up to look at other games around me. Upon returning to the board, I sat down and saw my opponent had not made his move yet. After a while, I glanced at the clock and realized my time was running! My opponent flatly denied starting my clock. There was not much I could do except my renewed determination to beat him properly over the board. I do not want to name the player because there is just no proof. For example, I could have made my move without pressing my clock - happens to a lot of players.
Then there is another blogger who claimed he was cheated. There was a three-fold repetition and he made his move, stopped the clock to call the arbiter. Thereupon, his opponent made his move and the three-fold repetition no longer exists.
Hello, this is not cheating. Resetting the clock to give yourself more time or to lessen your opponent time is cheating. Starting your opponent clock without making your move is cheating. Using computer software to help you during a tournament game is cheating.
Making your move after your opponent makes his - even if he stopped the clock - is not cheating. By the way, even if your opponent did not make any move, the arbiter will not award you three-fold repetition. The simple reason is that you only have the right to claim when it is your move. Once you played your move on the board - with or without pressing the clock - the move already passed to your opponent.
Our blogger goes on to say "A sporting and gentleman player would have accept the draw". Yeah, right. By the same logic, if we have a lost position we should resign? Got to tell that to all my opponents. Especially the one who took advantage when I left my rook en prise.
I just want to say that such accusations are almost impossible to prove. Everyone have a story of how they were cheated. Just to give my example, over twenty years ago this happened to me. I was up against a player who has been around for a long time. At that time I was a very fast player and after each move I usually get up to look at other games around me. Upon returning to the board, I sat down and saw my opponent had not made his move yet. After a while, I glanced at the clock and realized my time was running! My opponent flatly denied starting my clock. There was not much I could do except my renewed determination to beat him properly over the board. I do not want to name the player because there is just no proof. For example, I could have made my move without pressing my clock - happens to a lot of players.
Then there is another blogger who claimed he was cheated. There was a three-fold repetition and he made his move, stopped the clock to call the arbiter. Thereupon, his opponent made his move and the three-fold repetition no longer exists.
Hello, this is not cheating. Resetting the clock to give yourself more time or to lessen your opponent time is cheating. Starting your opponent clock without making your move is cheating. Using computer software to help you during a tournament game is cheating.
Making your move after your opponent makes his - even if he stopped the clock - is not cheating. By the way, even if your opponent did not make any move, the arbiter will not award you three-fold repetition. The simple reason is that you only have the right to claim when it is your move. Once you played your move on the board - with or without pressing the clock - the move already passed to your opponent.
Our blogger goes on to say "A sporting and gentleman player would have accept the draw". Yeah, right. By the same logic, if we have a lost position we should resign? Got to tell that to all my opponents. Especially the one who took advantage when I left my rook en prise.
Tuesday, March 23, 2010
My Blog List
I'm quite selective of the blogs that I add to my list. I only add those I enjoy reading and will visit almost daily.
Today just added Ilhamuddin http://2010chessodyssey.blogspot.com/blog to my list of blogs. Even though he just started recently, I find he has some cool and imaginative posts.
DATCC blog has undergone totally different design change. I'm not sure I like it though. It is kind of hard to read and find stuff. I hope Andrew will improve it.
Today just added Ilhamuddin http://2010chessodyssey.blogspot.com/blog to my list of blogs. Even though he just started recently, I find he has some cool and imaginative posts.
DATCC blog has undergone totally different design change. I'm not sure I like it though. It is kind of hard to read and find stuff. I hope Andrew will improve it.
Monday, March 22, 2010
Malays only tournament poll
Gilacatur set up a poll to vote hereon whether readers support such a racial based chess tournament. "Adakah anda sokong diadakan 'Kejohanan Catur Tertutup Melayu' oleh Kelab Catur Jaffolea pada bulan Jun nanti" (translation: "Do you support the Malay Closed Chess Championship by Jaffolea Chess Club this coming June")
I put in my votes and got the results so far. Out of 59 votes, 4 is "dont care" (tidak kisah/tidak peduli). The majority is against it but to my surprise there is 36% voting for Yes (Ya).
Maybe this is ala the NEP (National Economic Policy) rationale, we need NEP because the Malays are unable to compete against other races. I feel like throwing up now, so I'll just stop writing here.
Friday, March 19, 2010
Jack Daniels Chess Set
This really tickles me pink. There is a chess set available on Amazon for a paltry $159. It's called a Jack Daniels chess set.
I'll like to have one made with hollow pieces and pawns. Now you can fill each one with your favourite drink (scotch, whisky, bourbon?) and start playing. When someone captures one of the pawns or pieces, they have to drink the contents. Sounds fun?
If you are prone to blundering pieces and pawns, then my chess set is guaranteed to even the odds.
Bottoms up!
I'll like to have one made with hollow pieces and pawns. Now you can fill each one with your favourite drink (scotch, whisky, bourbon?) and start playing. When someone captures one of the pawns or pieces, they have to drink the contents. Sounds fun?
If you are prone to blundering pieces and pawns, then my chess set is guaranteed to even the odds.
Bottoms up!
Wednesday, March 17, 2010
New chess blog
Just browsed on Ilhamudin new blog which he titled 2010 Chess Odyssey. He says it is inspired by the book and movie 2001 A Space Odyssey. I like his blog posts, they are interesting to read, unlike those who just posting tournament results.
His latest post is on one of my favourite game.
His latest post is on one of my favourite game.
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