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Declaring Force Majeure

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Declaring Force Majeure

Postby UncoveringTruths » Wed 19 Dec 2007, 16:51:34

This is kind of a hypothetical legal question and may be a dumb one at that.

Let's say that next year gasoline goes to six bucks a gallon and folks have all of these useless gas guzzlers there paying for but can't drive and have lost there jobs. What if one were to declare Force Majeure and stop paying on there loan and contract until circumstances improved (I know the chances of that would be 0 at that point)? Would one have a legal footing? Since the government is/has meddling in Auto manufactures efficiencies one could argue that the government has/had a responsibility to the consumer and because of their malfeasance have unduly burdened the consumer with worthless crap as a third party.

Heck I doubt a credit score would matter at that point anyway.


$this->bbcode_second_pass_quote('', 'F')orce Majeure literally means "greater force". These clauses excuse a party from liability if some unforseen event beyond the control of that party prevents it from performing its obligations under the contract. Typically, force majeure clauses cover natural disasters or other "Acts of God", war, or the failure of third parties--such as suppliers and subcontractors--to perform their obligations to the contracting party. It is important to remember that force majeure clauses are intended to excuse a party only if the failure to perform could not be avoided by the exercise of due care by that party.
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Re: Declaring Force Majeure

Postby emersonbiggins » Wed 19 Dec 2007, 17:06:35

I seriously doubt it. Force majeure usually indicates a breach of contract, and AFAIK, there is no binding contract for Americans to have the right to purchase cheap gasoline. But your sentiment is likely correct; the rule of law may well be on its way out at that point. "free for all" :twisted:
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Re: Declaring Force Majeure

Postby UncoveringTruths » Wed 19 Dec 2007, 17:40:58

double post
Last edited by UncoveringTruths on Wed 19 Dec 2007, 17:42:05, edited 1 time in total.
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Re: Declaring Force Majeure

Postby UncoveringTruths » Wed 19 Dec 2007, 17:41:38

$this->bbcode_second_pass_quote('emersonbiggins', 'I') seriously doubt it. Force majeure usually indicates a breach of contract, and AFAIK, there is no binding contract for Americans to have the right to purchase cheap gasoline. But your sentiment is likely correct; the rule of law may well be on its way out at that point. "free for all" :twisted:


Could it be argued that the seller (the automakers) of the product should have been aware that they were selling a product that would be worthless since the product is dependent on an affordable liquid fuel which they should have known is finite in origin?

I have an example of exactly how worthless my 2004 Mercury Mountaineer Premiere Flex Fuel SUV that I purchased in Nov 2003 has become. A couple of weeks ago I wanted to trade it in for another cheaper smaller more fuel efficient vehicle at the same dealership I purchased it and looked up the blue book value. The NADA says $14,386 and I purchased it for 32k. The value of the vehicle has been depreciating with the amount I owe on it as I have been paying it off. After a lot of wrangling with the dealership manager he refused to give me trade in bluebook and would only offer me $9,000 for it. Needless to say I gave him a piece of my mind and told him he was not standing behind the value of the vehicles he was selling. As I left the dealership in my Mountaineer I was thinking to myself that this dealerships days are numbered.

I sure wish I had found PO.com before I made this purchase.
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Re: Declaring Force Majeure

Postby emersonbiggins » Wed 19 Dec 2007, 18:18:21

Yeah, it does reek of complicity, but it's been well demonstrated that the CEOs of auto corporations (Rick Wagoner, I'm looking in your direction) are either willfully ignorant of the energy situation and/or feel that the energy problem will take care of itself, but lately the proverbial elephant has become so large that it is impossible to ignore. So, suffice it to say, I'm not surprised that the dealership grunts are lowballing your blue-book value, simply because the resale values of SUVs in general are tanking. I've never seen more SUVs "in tow" on their way to some Mexican backwater than I have in the last year - nice, newer Suburbans, Explorers, pickups, you name it.
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Re: Declaring Force Majeure

Postby UncoveringTruths » Wed 19 Dec 2007, 18:47:01

You would think with all the hype with Ethanol that the dealership manager would have been willing to at least meet me halfway with the deal on the fact the vehicle is a flex fuel. When I bought it I had no idea it was a flex until I got it home. The closest ethanol filling station is 150 miles away in SATX.

Most of us know that ethanol is currently a loser but most of the masses haven't caught on just yet and he may have been able to sell it for $17k which is NADA retail.

Good thing I've got GAP insurance and the Mercury's got extra safety features such as side airbags because one day I may find myself ice skating in it on some windy roads on a wintry day. :twisted:
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Re: Declaring Force Majeure

Postby gnm » Wed 19 Dec 2007, 18:48:46

$this->bbcode_second_pass_quote('UncoveringTruths', 'I') sure wish I had found PO.com before I made this purchase.


You should be careful not to leave that thing running when you pop into a store in the bad part of town... It would be a real shame if it got stolen....

:lol:

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Re: Declaring Force Majeure

Postby UncoveringTruths » Wed 19 Dec 2007, 18:57:23

$this->bbcode_second_pass_quote('gnm', '')$this->bbcode_second_pass_quote('UncoveringTruths', 'I') sure wish I had found PO.com before I made this purchase.


You should be careful not to leave that thing running when you pop into a store in the bad part of town... It would be a real shame if it got stolen....

:lol:

-G


$this->bbcode_second_pass_quote('', 'L')eaving Keys in Vehicle is Illegal

Yes, that's right. Not only is it illegal to leave your keys in your unattended vehicle, but if your vehicle is stolen with the keys in it, your insurance company may not cover your loss.


“You Hold the Key” Auto Theft Prevention Campaign
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Re: Declaring Force Majeure

Postby gnm » Wed 19 Dec 2007, 19:11:04

Geez, I've locked my car and actually left the keys in the door. Pure accident. how can they make an accident illegal? Or dropping them while you're getting your coat out etc? . Nothing happened when I left them in the door - I suppose because no one would want to steal my POS anyways. And I only have liability on it so it would of been my nickel.

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Re: Declaring Force Majeure

Postby UncoveringTruths » Wed 19 Dec 2007, 19:20:35

$this->bbcode_second_pass_quote('gnm', 'G')eez, I've locked my car and actually left the keys in the door. Pure accident. how can they make an accident illegal? Or dropping them while you're getting your coat out etc? . Nothing happened when I left them in the door - I suppose because no one would want to steal my POS anyways. And I only have liability on it so it would of been my nickel.

-G


I thought the same thing! What business is it of the government to tell me not to leave my keys in my car at my place of residence or anywhere else out of convience to myself of not having to fumble around with the keys. Then I remembered how big the insurance lobby is. :twisted: I believe this is a fairly new law.
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Re: Declaring Force Majeure

Postby TheDude » Wed 19 Dec 2007, 19:23:32

$this->bbcode_second_pass_quote('gnm', ' ')Nothing happened when I left them in the door - I suppose because no one would want to steal my POS anyways.


How do you drive with that chainsaw on your hand, anyway?

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Re: Declaring Force Majeure

Postby gnm » Wed 19 Dec 2007, 19:39:27

$this->bbcode_second_pass_quote('TheDude', 'H')ow do you drive with that chainsaw on your hand, anyway?


1978 fairmont, 3 speed on the column, converted to lefty.... AND... a suicide knob.
8)

But I still hate putting down the shotgun....

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Re: Declaring Force Majeure

Postby Opies » Thu 20 Dec 2007, 21:46:08

caveat emptor.
No legal footing whatsoever for making a stupid and short sighted purchase. And sure, maybe the government did this and that, but remember, it isn't what you know, it's what you can prove.
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