[ql06] Re: CONTRACT: Orchard v. MacKay and PC Party
- From: "Dawn Livicker" <dlivicker@xxxxxxxxxxx>
- To: ql06@xxxxxxxxxxxxx
- Date: Fri, 21 Nov 2003 15:09:10 -0500
In the contracts case book used by section 4 (by Swan, Reiter, and Bala) a
note on p337 (which doesn't cite an authority) says that
...courts may sometimes hold that a promise is not enforceable because there
was "a lack of intent to create a legally enforceable relationship".
Problemswith this issue most commonly arise....3)when promises are made by a
government....
It'd be funny if it wasn't so true.... btw, on an semi-related note, I'm
going to enjoy watching Dalton McGuinty crash and burn.
Even less related, sorry for bailing on the grad club thing... I wasn't
feeling very well that night... hopefully we'll plan to get together again
(maybe next semester).
----Original Message Follows---- From: "Ken Campbell"
<2kc16@xxxxxxxxxxxxxxxx>Reply-To: ql06@xxxxxxxxxxxxx To: Subject: [ql06]
CONTRACT: Orchard v. MacKay and PC Party Date: Fri, 21 Nov 2003 09:15:45
-0500 Wow! Now HERE is an interesting contract law case. We don't get to
talkabout contracts much in this list... But what theories would he be using
under remedy? An equitable injunction, obviously. But then what? Is there
consideration? I suppose there is, Orchard was enticed to swing to MacKay in
the convention, based on a promise. Each got consideration, now MacKay's
promise is busted. I don't have the time right now to apply our contract
studies to this -- I will try sometime later. But it sure is interesting. At
the end of the day, Orchard is probably using the court system to get major
publicity for the issue. Ken. -- You got to be a spirit, Bulworth. You can't
be no ghost. -- playwright Amiri Baraka in Bulworth, 1998
----------------------------------------------------------------------
Orchard to sue over merger By BRIAN LAGHI Globe and Mail Friday, Nov. 21,
2003 A group of Progressive Conservatives led by Tory maverick David Orchard
will launch legal action Friday aimed at preventing their party from joining
ranks with the Canadian Alliance. Mr. Orchard, who ran for the party
leadership last spring, will appear with a group of merger opponents in
Toronto, including Marie Gatley, a great-grandniece of Sir John A.
Macdonald,to announce the suit. A spokeswoman for Mr. Orchard, Rose-Marie
Larsson, said the lawsuit will name Progressive Conservative Party Leader
Peter MacKay personally. Reached at his lawyer's office last night, Mr.
Orchard would disclose no details of the litigation. However, another
opponent of the merger, former Tory cabinet minister Sinclair Stevens, said
the suit would likely focus on the deal that Mr. Orchard and Mr. MacKay
signed last June: Mr. Orchard pledged his support to Mr. MacKay for party
leader in return for a promise that Mr. MacKay would not merge the Tories
with the Alliance. Mr. Stevens said Thursday that Mr. Orchard may intend to
show that Mr. MacKay has violated a signed contract. ?If you agree with me
not to do something, and I hear that you're going to do it, clearly I can go
to a court and say I've got this contract. You shouldn't be doing this and I
want an injunction to stop it,? Mr. Stevens said. ?Any time I've discussed
itwith David, his main focus is on the contract that he felt he had with
Peter.? Mr. Stevens has launched an action of his own with a group of other
Tories aimed at foiling the vote on the merger. His group believes that the
vote must be secret and that the current configuration of the meeting where
the voting is to take place is unconstitutional. Party members are to gather
early next month in several cities across the country to decide.
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