Joined: 2-May-2003 Posts: 2097
From: Rocket City, USA
@Lou
Quote:
Lou wrote:
You can unless you signed a contract that says you need the mechanic's permission to sell it, which is what Amino did. Whether that sales is good for everyone or not is up to the mechanic per the contract.
Yeah, but the mechanic signed the contract and took the money. Thats what everyone glosses over, Hyperion signed the 2003 contract, Hyperion took money from Tachyon and Itec, Hyperion sent a receipt to Itec for that money. Hyperion doesnt get to decide now that they didnt want to sell it. AI could say hey we didnt agree to the sale (because they didnt sign the 2003 contract) and you might be able to convince someone that Eyetech could object to it (because they didnt sign the 2003 contract), but the company that signed the 2003 contract and took the money doesnt get to decide over 4 years later they we didnt really sell the OS. -Tig
_________________ We played the first thing that came to our heads, it just happened to be the best song in the world.
Joined: 19-Jun-2005 Posts: 1714
From: Melbourne, Australia
@Lou
Quote:
You can unless you signed a contract that says you need the mechanic's permission to sell it, which is what Amino did. Whether that sales is good for everyone or not is up to the mechanic per the contract.
Actually, you will find that if the mechanic is 400% over schedule at the time, you'd have a very good case for being able to sell despite explicit clauses to the contrary. After all, the contract was for you to have access to and ownership and use of your car at a certain date, at which point you could have reasonably expected to be able to sell it. The mechanic taking his sweet time (to the tune of 400% over schedule) does not give the mechanic the right to object to something which she would have no right to object to if she had kept her end of the contract. You do not get rewarded for failing to comply with a contract, that's one of the fundamental principles of contract law.
Furthermore, it *was* the mechanic who loudly proclaimed that the sale was good and welcome --- which makes later protestations of "but we never agreed to it" moot.
15 crawler(s) on-line.
114 guest(s) on-line.
0 member(s) on-line.
Tigger 
