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shittygsxr

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Posts posted by shittygsxr

  1. We have a Chicago style restaurant in Columbus called wholly joes. It has become much more popular lately.

    My suggestion find a low rent place, chances are it will take a while to catch on. When it does open another place in a nicer area

  2. Let's take a step back and get a few things straight before continuing this discussion:

    Kevin Schwantz's personality is completely irrelevant when it comes to the merits of his legal claims. He can be the biggest a-hole in the world, and still be right, and he can be Mother Theresa and not have a leg to stand on. If he's likeable, that just means that the public is more likely to feel sorry for him without knowing all the facts, or irrespective of those facts.

    As far as I have read, Schwantz has sued COTA claiming "tortious interference with contract," and "fraud."

    As one might guess, in order for there to be interference with a contract, a contract has to exist. I haven't read any hard evidence that says any contract between COTA and Kevin's company ever existed. I've more gotten the impression that they were negotiating and possibly talking about forming a contract.

    The Federal Rules of Civil Procedure require that fraud claims must be pleaded with particularity. The idea is, I can't just accuse a party of fraud and leave them guessing as to what I think they did to defraud me. There may or may not be a real claim there. Without more facts, we simply can't say.

    But this is how I'd speculate things went down, give or take a few details:

    KS wants to bring MotoGP to Texas. Awesome. So he calls up Dorna and says, "hey, if I can work something out with the COTA, would you guys consider a third American GP in 2013?" Dorna says, "we're listening," but commits to nothing.

    KS approaches COTA with something like, "hey, you're building a track, and I've got interest from Dorna that MotoGP might come here if you build it right." COTA listens, and builds the track to accommodate bikes, but commits to nothing.

    Fast-forward 3 or 4 years, and now it's all real. The track is complete, Dorna would like to schedule a round at COTA, and KS is acting as middle-man to make that happen. He'd like for that to mean he's the promoter.

    ...But negotiations break down, and KS wants something that either COTA or Dorna isn't willing to give him. They realize, "hey, this Schwantz guy is the one causing conflict here. Let's just do the deal without him, save us both some money, and eliminate the arguing." Deal done.

    The question is where/if fraud occurred in that (admittedly completely speculative and very vague) timeline; and if Schwantz ever actually had a contract with COTA or Dorna.

    If a contract existed, then Schwantz may have something. If not, I don't see this getting very far in its current form. An agreement to agree is not a contract... A contract requires an offer, acceptance, and a promise in exchange for 'valuable consideration.' That means money must have changed hands, or one party must have given up some legal right (like their ability to negotiate with others, etc.)

    Again, as of now, I haven't read anything to indicate that such steps were taken, which makes everything up to that point "mere negotiations." If we're not getting all the facts, there may be a different outcome.

    Where I think KS has a lot more traction is in a claim for quasi-contract. There, the court basically creates a contract to prevent unjust enrichment based on the plaintiff's detriment.

    KS certainly did a lot of leg-work establishing the relationship between Dorna and COTA, as well as his own expertise in making the track safe. He does deserve compensation for those efforts, even if no contract to promote the race actually existed. But he's not going to stop the race, nor is he going to win the promotional rights...

    In summary, COTA doesn't appear to have done anything illegal. Unethical? Possibly. Maybe even probably. But it's a court of law, not a court of fair.

    So in your hypothetical, I don't know shit about what happened, scenario Kevin doesn't have a case?

  3. Not cheap, actually built for more severe weather than standard campers

    Yes, but not issue now. It was because they were built and put right into service with no air out time. Normally trailers sit for awhile between purchase and usage due to sitting at dealer lots and such. The FEMA ones were sent straight from the factory to home site. The formaldehyde is in most all building materials, it was normal and not something to do with FEMA trailers specifically

    I don't mind if I lose some braincells I just wouldn't want to smell anything. I would love to be an asshole and tow one to work and take a shitload of spaces

  4. This is how I see it.

    Clean Title = Title is not branded for odometer discrepancy, odometer exceeded mechanical limits, lemon buyback, salvage, theft recovery or any other thing that would reduce the value of the vehicle itself.

    Clear Title = The title is in the seller's name, has no liens, and does not have to jump through any hoops to assign the title (such as getting an additional owner/divorce judge/bankruptcy judge to sign off on the sale, etc) that would delay or complicate the assignment of the title.

    In Hand = The title is in the seller's possession, not being held by the bank or locked away in a safe deposit box at his ex-wife's bank or missing, and is ready to be handed over once notarized.

    When I sell a vehicle I have the buyer inspect the title then watch me write their details in the title assignment section, then I keep the title to be notarized next business day before mailing it on. Never had any problem with this approach.

    I like this explanation. In hand is definitely different than clear

  5. Range Rover hse sport

    2007 rr sport non supercharged 70,000 ish miles

    What kind of maintenance costs will I be looking at as it gets more miles on her? I hear these are very expensive to maintain. Just looking for some insight if anyone has had one.

    If you are going to get a pain in the ass vehicle make sure you get the supercharged one so you can at least have fun between service intervals

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