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6 Aug 2004, 12:03 (Ref:1058131)
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#26 | ||
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Running your official, nominated reserve driver for two races - how can that be force majeure?
Last edited by JohnMiller; 6 Aug 2004 at 12:04. |
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6 Aug 2004, 12:05 (Ref:1058132)
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#27 | ||
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14th
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There is no need for that, posts deleted. Family forum, no person attacks, etc...
While Jenson leaving early might have an implication on legal matters. Jenson's early release speculation is pretty off topic and discussed elsewhere. |
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Brum brum
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6 Aug 2004, 12:07 (Ref:1058136)
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#28 | ||
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Join Date: Jun 2003
Posts: 3,069
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Sorry, Friday champagne lunch again.
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6 Aug 2004, 12:10 (Ref:1058139)
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#29 | |
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Veteran
Join Date: Feb 2003
Posts: 504
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Any legal action is likely to severly sour Jenson's long term relationship with BAR should he be forced to drive for them next year. If BAR sue JB for breach of contract then try to make him drive for them I would doubt his motivation will be that high somehow. I would think they would let him go to Williams but seek a substantial compensation package.
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6 Aug 2004, 12:39 (Ref:1058178)
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#30 | ||
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Veteran
Join Date: Mar 2003
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I really cannot see the experienced Frank Williams diving into this with no forethought. Hes as shrewd as mustard and has one of the best legal eagles in the business
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6 Aug 2004, 12:40 (Ref:1058179)
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#31 | ||
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Join Date: Jan 2004
Posts: 1,534
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IIRC, you can not be forced to work somewhere that you do not want to, so even if BAR do win, then JB will not be back there if he does not want to be.
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6 Aug 2004, 12:59 (Ref:1058199)
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#32 | ||
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Join Date: Feb 2003
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1200Datto27 is right, the court will not force Jense to drive for BAR. The latter's only recourse is in damages.
Anyhoo, Richards has basically admitted he has no legal case... |
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6 Aug 2004, 13:11 (Ref:1058213)
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#33 | ||
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Veteran
Join Date: Mar 2002
Posts: 2,026
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DR should enforce the contract, then leave Button on the sidelines, or give him no support at all. As in soccer, someone, sometime has got to stand up to these overpaid prima donnas. Another nail in the coffin of modern Grand Prix racing methinks.
DR |
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6 Aug 2004, 13:16 (Ref:1058218)
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#34 | |
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Registered User
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Dan Rear - this sort of thing has happened since F1 started.
And it keeps the sport in the news. Which is good. |
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6 Aug 2004, 13:19 (Ref:1058219)
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#35 | ||
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Veteran
Join Date: Jun 2003
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Apparently Williams can run one more driver this season.."Force Majeure" was because Gene stepped in for an injured driver, whereas Pizzonia was a designated change..or thats my understanding anyway.
There is no way that DR would release Button to drive this season..why would he help Williams? He may very well leave him on gardening duty for the rest of the year though, and put Davidson in until then. I doubt there is any way you will see Button in a Williams until Jan 1st 2005. getting back to the point..someone has seriously screwed up here over the contract options. Either BAR have cocked it, or Buttons management have mis-understood the clauses. One way or another someone is going to have a lot of egg on their face by the end of all this! |
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6 Aug 2004, 13:21 (Ref:1058222)
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#36 | ||
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Veteran
Join Date: Nov 2002
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I doubt DR will try and wrangle with JB's Management and lawyer team much. I think he'll make the challange but pressure JB directly himself and try to convince him to stay at BAR of his own accord. The challenge might go ahead for financial compensation then.
I think it'll fail, but he has to try. I'll back BAR to continue rising, DR to retain his leadership, and Davidson to get stuck in and Sato to keep getting faster. DR from what I can gather is a very good team maker. And someone mentioned BAR's lack of F1 wins. Well, DR and Prodrive know how to win, and I think so far, they've proven they're on the right path. I think Button is Silly. If I was Davidson, I'd be laughing my head off. He's in with a real chance. And yes, I bet JV is possibly laughing his head off too. Something is also telling me Williams are responsible for the timing and early release of it. This will help destabilise the BAR effort and help them win points this season. I hope BAR can punch through that, but I reckon it'll be hard. |
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6 Aug 2004, 14:08 (Ref:1058282)
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#37 | |||
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Quote:
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6 Aug 2004, 16:08 (Ref:1058442)
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#38 | ||
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Bashing is not allowed on ten-tenths. It is a discussion forum.
The same is true whether you SHOUT that DR is a loser or JV is a loser. Keep on topic and discuss the "Legal Threat over Button-Williams". Posts deleted, thanks. Last edited by Adam43; 6 Aug 2004 at 16:12. |
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Brum brum
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6 Aug 2004, 16:15 (Ref:1058446)
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#39 | ||
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Veteran
Join Date: Sep 2001
Posts: 13,000
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Joe Rossi has understood the concept of 'force majeure' correctly. If your intended driver could be paralysed by getitng into a race car, it can hardly be called a voluntary change.
I think this change will take place early. All the pieces fit - there's a space for Ralf at Toyota, Davidson can do the remaining races and still be eligable to be 3rd driver next year if need be (in any case, he'll've showed whether he's up to racing), Jenson has a chance to get settled in at Williams (which could be a blow for Webber), and no one has to drive for a team which doesn't want them. |
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6 Aug 2004, 16:17 (Ref:1058450)
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#40 | |
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I don't think we'll see any of the 2005 changes happening early.
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6 Aug 2004, 16:27 (Ref:1058466)
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#41 | |||
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Join Date: Jun 2003
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Quote:
I am willing to be proved wrong though! |
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6 Aug 2004, 16:31 (Ref:1058469)
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#42 | |
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Registered User
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You can use four drivers per team by choice.
Force majeure gives you an additional replacement who doesn't count as a driver change. |
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6 Aug 2004, 16:31 (Ref:1058470)
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#43 | ||
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Join Date: Jul 2001
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Certainly one hell of an interesting story this is going to make. Button seems to have his heart set on a Williams return, while Richards is obvioulsly absolutely seething that his star driver has decided to move on.
This one could get ugly before it's concluded. |
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6 Aug 2004, 16:45 (Ref:1058481)
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#44 | ||
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Force majeure - means 'overwhelming force' - something stopping you from running two of your four drivers. As long as Gene and Pizza are fit they can't do it.
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6 Aug 2004, 17:05 (Ref:1058499)
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#45 | |||
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Quote:
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6 Aug 2004, 18:00 (Ref:1058546)
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#46 | ||
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You have to say though if Button does stay for 05 will he be as commited! by signing for Williams he has made it clear that hed rather be at Williams than Bar...
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6 Aug 2004, 18:12 (Ref:1058561)
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#47 | ||
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Join Date: Mar 2003
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If he stays for 05 he will be as committed as ever cos he will still want win. Deliberately underperforming would tarnish his image...and I think that will need a lot of polishing after the dust clears
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6 Aug 2004, 19:46 (Ref:1058674)
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#48 | |
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JB will give his all every time he drives in a Grand Prix.
But there's absolutely nil chance of him being at BAR next year. |
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6 Aug 2004, 20:35 (Ref:1058741)
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#49 | ||
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Veteran
Join Date: Sep 2001
Posts: 13,000
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This 'force majeure' thing is getting confusing, we've all got different understandings of the rule. Maybe the mdoerators can put this into a seperate thread, or someone can get the official rule to clarify things?
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6 Aug 2004, 20:43 (Ref:1058752)
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#50 | ||
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The Honourable Mallett
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I quote from:
http://www.nacmint.com/articles/art195.html Invoking a Force Majeure Clause Generally, a party may invoke a force majeure clause if an enumerated event occurs that is out of the party's control and prevents performance of a contractual obligation. The burden of proof is on the party seeking to invoke the force majeure clause. The force majeure event may either suspend or excuse a party's performance. It is imperative that the party invoking a force majeure clause provide written notice to the other party. This permits the party that is not in default to mitigate against the effects of a force majeure event. |
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