From: Steve Grammont (islander@midmaine.com)
Date: Wed Aug 27 2003 - 07:38:56 PDT
> "I would be interested in a relevant case
>which shows that one party can break the terms of a covenant whenever it
>feels that it should no longer apply to itself. "
>Steve, seen anybody with a military Humvee ?
I asked for a court case that reaffirmed the legal right to toss aside a
covenant whenever one party feels like it doesn't suit them any longer.
I did not ask for examples of how a covenant can be, in reality,
unenforcable, since there are plenty of such examples. Plus, for all we
know AM General blessed that sale with the "for offroad use only"
proviso. They certainly appear to have put in a LOT of effort to enforce
that clause. Makes me think they were in on the USMC deal but found that
the contract with the customer was, in reality, difficult to enforce.
Doesn't make it legal to break it, just that it isn't worth AM General's
time to come after people (last year my business lost $15k because it
would cost us more than that to get the crooks, so they walked).
The interesting thing to see is if there will be another sale in the
future. I don't see what harm it could do AM General to do this, but
corportaions are generally not very creative so I have my doubts.
Steve
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