- 31 Mar 11, 12:17#248246
Interesting, thanks for the info. I've been hearing the rumour but my knowledge of Contract Law is limited so i wasn't sure what to make of it. I have, however, heard that according to Fernandes that what's actually happened is Hunt has tried to change the payment schedule or amount or something. If that's the case, surely that's likely to be a breach of contract on his end?
The Frome Flyer: Smoother, Smarter, Calmer, Winner.
Jenson Button: Professor, Chauffeur, World Champion Racing Driver.
With these latest revelations; it's time for Tony Fernandes to give up on the Lotus name and rebrand as Air Asia and be done with it... this has turned into a farce; dragging a historic name through the mud for no real reason. Fernandes clearly doesn't care about the Lotus name; it's purely about commercial interests!
I thought it was the other way around. Renault all of a sudden came in with this idea that they were the 'real' lotus after Fernandes' team had been running with the name already for half the season. So from what I'm seeing, Renault and group lotus caused all this mess for their own commercial interests. I'm a little curious how much group lotus and renault gp paid david hunt to all of a sudden change his mind about Fernandes the week of the court date.
But why should Fernandes give up on the Lotus name? He bought the rights to the name way before renault and group lotus started all this mess. I read that he hasn't finished paying for it, but frankly I don't believe that at all because that was never even raised as an issue until the week of the court date when david hunt pulled out of Fernandes' corner of the ring
Regarding the bold underlined section - I've heard this mentioned to. The reality is that under contract law that's not enough to void a contract in any case - so it's not a crucial point. Incomplete payment would render a contract potentially voidable if the defaulting party refuses to remedy the breach, however they must be given the opportunity to remedy the breach (i.e. make up any missed payment / incomplete payment).
If they're not given the opportunity to do that and Hunt decided to cancel the contract then the situation is reversed and HE would actually be the one in breach of contract - likely resulting in damages being recoverable by Fernandez, or potentially the granting of a court order to enforce the contract - or both!
Interesting, thanks for the info. I've been hearing the rumour but my knowledge of Contract Law is limited so i wasn't sure what to make of it. I have, however, heard that according to Fernandes that what's actually happened is Hunt has tried to change the payment schedule or amount or something. If that's the case, surely that's likely to be a breach of contract on his end?

The Frome Flyer: Smoother, Smarter, Calmer, Winner.
Jenson Button: Professor, Chauffeur, World Champion Racing Driver.