At 01:56 PM 8/7/2011, Stephen A. Lawrence wrote:
On 11-08-07 01:08 PM, Abd ul-Rahman Lomax wrote:
At 10:52 AM 8/7/2011, noone noone wrote:
Perhaps Rossi saw how far they had advanced the technology, and got spooked.
We don't know the whole story. We don't know what is true at this point.
Before there is any sign that Defkalion is making a move, Rossi
announces that he's terminating the contract. Then he talks about
his attorney's being active. At what?
Among all the things which have gone by, the "activity" by Rossi's
attorneys is by far the *least* suspicious.
In my (admittedly limited) experience, the first thing which happens
when a contract is broken is the terminating party files suit to
show that the other party violated the contract's terms. They do
this in order to get out of the contract without triggering whatever
draconian penalty clauses may exist, and in the hope of recouping
losses associated with the debacle. The second thing which happens
is that the other party files a counter suit, alleging that the
first party violated the terms of the contract themselves, and they
violated them earlier and in more egregious ways than the second party did.
If the contract had been terminated without a lawsuit, well, *that*
would have been suspicious!
But we don't know that the contract has actually been terminated. We
don't know who violated the contract, we don't know the terms.
For legal action to start immediately is, indeed, suspicious.
However, sure, Rossi could be preparing for legal action. Especially
if Defkalion actually acted in a way that violated the contract.
However, in that case, a more normal suit would be for specific
performance. Termination usually ends the matter. And then there
could be a suit for wrongful termination, which would come from the
other side, I'd have thought. Unless they wanted the contract terminated.
