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  • Specific performance

    I am talking about legal contracts, not race car performance. I am not a lawyer, but I had to pass a tough exam in business law to become licensed in my profession.

    If a car owner or team signs a driver to drive in the IRL, unless there are some escape clauses in the contract, the first time the team cannot put a driver in the race because of money problems, the team is in violation of the contract, and the driver can break the contract.

    IPS is to be run under the auspices of the IRL, but IPS races are not IRL races, and, minus the escape clauses for the team/owner, the driver, if he or she wants to, can break the contract if all the team can run is IPS.

    Anyone catch my drift?
    quote:
    "It is sad that open-wheel racing has become a buy a ride situation, but it is what it is."

  • #2
    Originally posted by nm:
    <STRONG>I am talking about legal contracts, not race car performance. I am not a lawyer, but I had to pass a tough exam in business law to become licensed in my profession.

    If a car owner or team signs a driver to drive in the IRL, unless there are some escape clauses in the contract, the first time the team cannot put a driver in the race because of money problems, the team is in violation of the contract, and the driver can break the contract.

    IPS is to be run under the auspices of the IRL, but IPS races are not IRL races, and, minus the escape clauses for the team/owner, the driver, if he or she wants to, can break the contract if all the team can run is IPS.

    Anyone catch my drift?</STRONG>
    Race contracts are written such that there are performance clauses, escape clauses, and all sorts of other clauses to anticipate the changing economy, changing sponsorship, etc.

    Maybe you should become Sarah's personal manager! You're no doubt referring to her current situation I'm sure, and seem to care a lot about what happens to her.

    Of course, I have no idea what the specifics of her contract are, but I will be verrrry verrry surprised to see her racing any car with Walker this year. Whether he releases her from the contract or not remains to be seen.
    Support Mockery - Visit www.themockdock.com!

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    • #3
      I don't know whether to praise walker for giveing her a chance, or berating him for mismanaging a promising young talent.

      He should have let her race in other series the whole time.

      He should have gone testing with her more.

      Can't put all the blame on Walker, but I think he carries a lot of the load.

      Its a shame if she doesn't get to compete this year.

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      • #4
        Specific performance is an "equitable" remedy courts can use to put the parties in the position they are supposed to be, if money damages are inadequate or cannot be proved with a reasonable degree of certainty.

        For example, let's say you contracted with A.J. Watson to build you a replica Watson Roadster. You pay him the money, but later on he refuses to complete the project. You go to court-you prove to the court that the roadster is a unique creation, and Watson's construction equally unique-that is, no other person can duplicate it. You show that merely giving you your money back is not an adequate remedy, since you were committed to using the creation for some sort of promotion.

        The court could order specific performance, that is, order Watson to complete the job. However, many courts are reluctant to use this method of remedy, and if fact probably won't use it if it would create an undue burden or hardship on the other party.

        Thus, in your example, even if Sarah were to show she couldn't secure a ride with another team, it's doubtful a court could force Walker to run his cars without proper funding. since it would create an undue hardship on him.

        I'm sure the contract has an escape clause for both parties regarding funding, or lack thereof.
        "For in the final analysis, our most basic common link is that we all inhabit this small planet. We all breathe the same air, we all cherish our children's future, and we are all mortal".

        John Kennedy at American University 1963

        "Nearly all men can stand adversity, but if you want to test a man's character, give him power"

        A. Lincoln

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        • #5
          Hmm, this whole business is starting to remind me of what happened with Andy Evans and Jimmy Kite a few years ago. Team Scandia had Kite under contract in '98, but the team collapsed after Indy; they sold their equipment and laid everyone off. Kite was a pretty hot property at the time, and he tried to sign with another team. Not a chance, said Evans, you're still under contract to Scandia. This despite the fact that there was no longer a viable team competing in any series. Probably against Kite's wishes, they tried to go over to Winston Cup. They threw together a slapdash car, and poor Jimmy couldn't come within two seconds of BY400 qualifying speed in a test at Indy in the rattletrap. It took Kite another year to get out of that contract, and in the meantime, because Scandia couldn't put a car in a race, Kite's market value declined. His career still hasn't recovered from it.

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