At Networked Knowledge Dr Robert N Moles publishes material about alleged serious miscarriages of justice. In one post, Contract Law Lecture, Moles writes about contracts and reasons for termination. In citing the case of Foley v. Classique Coaches Ltd, Moles writes:
A problem will arise if the machinery provided for in the contract breaks down for reasons over which the parties have no control. The traditional common law rule was that if the means for ascertaining the price failed, there could be no contract.
Newsagents entered in to a contract to finance equipment to operate the Bill Express and DialTime services, at the same time they entered into a separate contract for the provision of the Bill Express / DialTime services.
I am sure the legal experts representing newsagents are looking carefully at the status of the finance contracts given that the purpose of the machinery provided under the contracts contract has failed.
If you rented a TV from, say, Radio Rentals, and the TV station was off air, would Radio Rentals be liable?
This website’s forensic obsession with Bill Express entrails is overwhelming … however, just to add some intrigue … there are nine blue Visy receycled paper bins sitting outside the former Eaglemont office of Bill Express this (Sat.) afternoon awaiting collection … it might just be worth some newsagent’s time to help with the recycling process. Happy hunting!
If a TV network offered a contract for access to their exclusive content and told me to rent a TV from radio rentals and presented the two contracts at the same time and the TV station subsequently went out of business then I would think Radio Rentals would be liable.
Newsagents have been left with a $20 million debt because of this. That is the value of my obsession on behalf of newsagents.
That wasn’t my question.
Your question is not relevant to the Bill Express situation faced by newsagents and my response sought to demonstrate that.
Did you check out the bins? They were still there tonight? THAT’S RELEVANT! (You don’t know a gift horse when it is pointed out to you.)
anom go back to your little hidey hole and don’t come back again .you have no idea on life besides your little computer and your friends in computer land .how much of a life do you have when all you do is look at blogs to get a reaction from .i think i have told you before that i am sure life line have a blog go and check it out it may be of some interest to you
Anon, I could not get there last night from where I was.
dear oh dear shaun
what a petulant comment –
I thought anon’s info about a recycling bin was pure gold.
wendy i don’t care about the bins i was refering to the comments about rental …also wendy before today i didn’t even know what petulant means ,i don’t think it was a PETULENT comment but at least i have learnt something today …..
Could our original contracts be in the bins? If I was in Melbourne I’d have to have a squizz!!!!
Anyone want to have a look?
I winder if the appropriate authorities are examining whether the bins are filled with relevant documents? We pay taxes in this country to rely on the ASIC, ACCC etc to do their job.
Perhaps they should be visiting the site.
Have a good day
I doubt that the contracts would be in the bin, as they need them to screw the newsagents. No contracts, no proof of payments remaining!
More likely it would be evidence of their shonky past dealings.
It looks like no-one did anything about the nine bins chock-full of documents. You guys amaze me.
Looks like we’re in “Hell or High Water”
http://www.businessspectator.com.au/bs.nsf/Article/Bill-Express-fallout-grows-GY9K6?OpenDocument