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Force majeure
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Mike,

Everyone puts a Force Majeure cluse in every commercial contract. It has to be invoked by the party that claims they cannot perform as a result of a Force Majeure. Michel has never invoked it even when COVID crippled the world. So I think you are imagining dragons under the bed.

Actually, Michele is stating there are dragons under the bed and saying he will protect you from them if they arise but asking you to sign a contract that states he doesn't have to. Next, most of these are not "commercial" contracts, they are "consumer" contracts with individuals. Finally, that fact leaves some real question as to whether they would be enforceable if litigated here in the States with our consumer protection laws (vendors not being able to provide services is one thing, getting to keep the deposits as well is something different entirely). If they were indeed "commercial contracts" as you state, the company would be up the proverbial "shit creek" as the courts don't give 2 shits what a couple of companies agree to do to each other in a private agreement. With all that said, Michele can write and insist on anything he wants, you don't like it? Quit being a bitch and go find another vendor. Or offer him the terms you are comfortable with and he can say yes or no, these aren't one sided transactions, you have a voice and the right to move along if you don't like it. Just like he has the right to run his business as he sees fit.
 
Posts: 5219 | Registered: 30 July 2007Reply With Quote
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Originally posted by dogcat:
quote:
Originally posted by Bull Sprig:
quote:
Originally posted by Saeed:
quote:
Originally posted by fulvio:
Worth remembering as well that the "Force Majeure" clause within a contract is usually drawn up by the company's legal representative and not necessarily the private individual.

Therefore when a contract's Force Majeure clause has been written to cover all bases with a broader than usual brush, we should maybe blame the lawyer instead. Wink

Insurance policies are pretty much the same. if not worse.


Frankly, in a normal society where there common sense, there is no need for the human vermin!

They thrive in America.

Where one cannot even fart without being sued! rotflmo


Yup.....no vermin in the ME. Human nature.....it's the same everywhere despite the horseshit you're constantly peddling on here.


Bullsprig,
Don't know you but you are spot on... the constant chirping and name calling of lawyers is getting old and even more childish...


well there are many cases were the need of lawyers has not been proven efficient except for their own benefits ...
 
Posts: 2055 | Location: Whitehorse, Yukon, Canada. | Registered: 21 May 2006Reply With Quote
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posted Hide Post
quote:
Originally posted by Bull Sprig:
quote:
Originally posted by dogcat:
quote:
Originally posted by Bull Sprig:
quote:
Originally posted by Saeed:
quote:
Originally posted by fulvio:
Worth remembering as well that the "Force Majeure" clause within a contract is usually drawn up by the company's legal representative and not necessarily the private individual.

Therefore when a contract's Force Majeure clause has been written to cover all bases with a broader than usual brush, we should maybe blame the lawyer instead. Wink

Insurance policies are pretty much the same. if not worse.


Frankly, in a normal society where there common sense, there is no need for the human vermin!

They thrive in America.

Where one cannot even fart without being sued! rotflmo


Yup.....no vermin in the ME. Human nature.....it's the same everywhere despite the horseshit you're constantly peddling on here.


Bullsprig,
Don't know you but you are spot on... the constant chirping and name calling of lawyers is getting old and even more childish...


Not to mention everything USA. It's pathetic and as hypocritical as one can get. Yes we have our flaws but thank the good Lord freedom still rings here.


enjoy it while you can as the future might be different ...
 
Posts: 2055 | Location: Whitehorse, Yukon, Canada. | Registered: 21 May 2006Reply With Quote
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Originally posted by medved:


enjoy it while you can as the future might be different ...


SMFH.....yeah maybe if the lunatic liars on the left are able to win the WH again. You must be a Trudeau guy if you're afraid of Trump.


_________________________

Liberalism is a mental disorder.
 
Posts: 308 | Location: US of A | Registered: 03 April 2020Reply With Quote
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The thing I always wondered about the force majure clause in relation to hunting is-

The contract is between the hunter and the business selling the hunt.

If there is an event stopping hunting, the business is essentially bankrupt.

Why should a force majure clause be allowed to prevent a creditor (client) from getting in line with everyone else in the event of the business going bankrupt? If you have hunting stopped, and you cannot move forward, you are going to be shutting down the business and morally I should have every bit as much right to the sale value of the assets as any other creditor- PH who is owed salary, bank that holds a loan, etc.

I may only get a dime on the dollar back, but your business has /had my cash.

You should not be legally allowed to shut down the business and pocket the money in it if you cannot complete the contracts the business agreed to.

Frankly, I’ve seen a bunch of these and some have been identical to syntax, spelling, and grammatical errors. I suspect someone paid a lawyer once and folks are handing a copy around and everyone is using it.

I doubt that these contracts are particularly enforceable in the US, but then who knows. I have signed a few in Africa mainly when I arrive and they already have my money I don’t have much choice…. So far nothing horrible has happened…
 
Posts: 11423 | Location: Minnesota USA | Registered: 15 June 2007Reply With Quote
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Perhaps your Bankruptcy questions should be directed to CME, he is our local expert… Cool
 
Posts: 5219 | Registered: 30 July 2007Reply With Quote
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Originally posted by 505 gibbs:
Perhaps your Bankruptcy questions should be directed to CME, he is our local expert… Cool


CME has decided AR is no longer to his benefit to participate in, in furthering his life's devotion to going on safari on others people's money.

But, there is an expert lawyer here who is an expert in supporting taking others money for your benefits! clap


www.accuratereloading.com
Instagram : ganyana2000
 
Posts: 70094 | Location: Dubai, UAE | Registered: 08 January 1998Reply With Quote
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quote:
Originally posted by Bull Sprig:
quote:
Originally posted by medved:


enjoy it while you can as the future might be different ...


SMFH.....yeah maybe if the lunatic liars on the left are able to win the WH again. You must be a Trudeau guy if you're afraid of Trump.


well a guy trying to take over my country ... i will repeat no interested in becoming americans which i will not be able to anyway as i was not be born in your country. now for trudeau im far from his side but that doesnt mean i will welcome trump ... it is funny when some are stating to state you are with us or against us ... one thing sure canadians are learning that freedom will have a cost and we might spend the money on buying stuff on another country ... the economic war that trump is starting might cost you more than you think ... luckily for you for now trudeau is in charge ...
 
Posts: 2055 | Location: Whitehorse, Yukon, Canada. | Registered: 21 May 2006Reply With Quote
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posted Hide Post
quote:
Originally posted by medved:
quote:
Originally posted by Bull Sprig:
quote:
Originally posted by medved:


enjoy it while you can as the future might be different ...


SMFH.....yeah maybe if the lunatic liars on the left are able to win the WH again. You must be a Trudeau guy if you're afraid of Trump.


well a guy trying to take over my country ... i will repeat no interested in becoming americans which i will not be able to anyway as i was not be born in your country. now for trudeau im far from his side but that doesnt mean i will welcome trump ... it is funny when some are stating to state you are with us or against us ... one thing sure canadians are learning that freedom will have a cost and we might spend the money on buying stuff on another country ... the economic war that trump is starting might cost you more than you think ... luckily for you for now trudeau is in charge ...


All that said.....I wish only the best for you and your countrymen. Trudeau did almost as much damage to your country as our last administration did. I've had a tremendous time on every visit to Canada.


_________________________

Liberalism is a mental disorder.
 
Posts: 308 | Location: US of A | Registered: 03 April 2020Reply With Quote
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