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#1
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Stand up in Court?
http://cgi.ebay.com/ebaymotors/KOLB-...QQcmdZViewItem
or http://makeashorterlink.com/?B6E5245BC "I would like to have a waiver sighed by the buyer,you are buying this as a NON-FLYING AIRCRAFT(you will have to install the prop, to make it flyable) Just for liability." Would a statement like the above or a waiver stand up in a court of law to keep the seller from losing in court? ...or would this be considered a way to skirt the law? The Monk |
#2
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Stand up in Court?
I am not lawyer......
But one would think.. that any statement in the sales contract that states that "the buyer understands that the aircraft is currently not airworthy and the buyer is responsible to make it airworthy if he desires" would be enough. I would not stipulate any items that renders it un airworthy, that would or could imply that repairing those items only would render the aircraft airworthy, any thing else that is found out that needs to be repaired after the sale to make it airworthy, the buyer "might" have some recourse against the seller for non disclosure. But as always, "let the buyer beware". BT "Flyingmonk" wrote in message oups.com... http://cgi.ebay.com/ebaymotors/KOLB-...QQcmdZViewItem or http://makeashorterlink.com/?B6E5245BC "I would like to have a waiver sighed by the buyer,you are buying this as a NON-FLYING AIRCRAFT(you will have to install the prop, to make it flyable) Just for liability." Would a statement like the above or a waiver stand up in a court of law to keep the seller from losing in court? ...or would this be considered a way to skirt the law? The Monk |
#3
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Stand up in Court?
"Flyingmonk" wrote in message
oups.com... http://cgi.ebay.com/ebaymotors/KOLB-...QQcmdZViewItem or http://makeashorterlink.com/?B6E5245BC "I would like to have a waiver sighed by the buyer,you are buying this as a NON-FLYING AIRCRAFT(you will have to install the prop, to make it flyable) Just for liability." Would a statement like the above or a waiver stand up in a court of law to keep the seller from losing in court? ...or would this be considered a way to skirt the law? I ain't no lawyer, but if I were sitting on a Jury, it wouldn't be hard to convince me that the intent was to sell a flying airplane, not a static display... Read the ad: "Cruises about 80 mph. This plane is a rocket off the water, I took first last year in a short takeoff contest, I was off the water in 3.5 sec." "One float has a very slight bow in the top rail, it does not affect its performance, or airworthyness. " He's advertising how well it flys. He says it's airworthy. And from his E-Bay store "I am acertified ROTAX service center, and A&P, I buy and sell Rotax parts new and used. I specialize in good used ROTAX 2 cycle engines of all kinds for ULTRALIGHT and EXPERIMENTAL AIRCRAFT. I also buy and sell ULTRALIGHT and EXPERIMENT AIRCRAFT and sell parts for the same, as well as FLOATS." From a past sale: "I will Fly, Hover, Sled, or whatever behind any engine I sell and I sell a lot of them" Now, he says: "I would like to have a waiver sighed by the buyer,you are buying this as a NON-FLYING AIRCRAFT(you will have to install the prop, to make it flyable) Just for liability." Now, why is he so concerned about liabiity on THIS aircraft? Is there some defect that he is trying to cover up? Probably not, but I bet some fast talking lawyer would try to convince a jury of that. Of course, if I were on a jury, I personally wouldn't assume that just because there was an accident (assuming that at some time there is an accident and things end up in court) that it's somehow the original builders fault for building an airplane that could be crashed. But that's me. True story: I work in an office building on the ring road around the parking lot for a large mall (one of several office buildings . A lot of people, for whatever reason, like to park in the mall's lot and walk across the street. The mall parking never fills, no big deal. Right? Monday morning mail was sent to everyone in the building stating that effective a couple days before, anyone parking in the mall lot would be ticketed and possibly have the vehicle towed. Why? As it turns out, someone in another building had parked in the mall lot, and got hit by a car as they crossed the street to their office building and sued the mall for damages... Now, I don't know the details, but personally, if you are careless enough to get hit by a car, the fault lies with you and/or the person driving. Not a stupid shopping mall... The point being, there is no telling what someone will sue for, eh? But, the real question is, why is our favorite monk shilling for this guy? (Just kidding. Really,) -- Geoff The Sea Hawk at Wow Way d0t Com remove spaces and make the obvious substitutions to reply by mail Spell checking is left as an excercise for the reader. |
#4
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Stand up in Court?
"Capt. Geoffrey Thorpe" The Sea Hawk at wow way d0t com wrote in
news:Qvadnd8SbfEjaZzZnZ2dnUVZ_t2dnZ2d@wideopenwest .com: Snipola Of course, if I were on a jury, I personally wouldn't assume that just because there was an accident (assuming that at some time there is an accident and things end up in court) that it's somehow the original builders fault for building an airplane that could be crashed. But that's me. Of course, the moment the attorneys found out you were a pilot you'd be dismissed from selection on this case. Can't go having peopel that actually KNOW something about the subject they are deciding on. So much for "jury of your peers." True story: I work in an office building on the ring road around the Snipola The point being, there is no telling what someone will sue for, eh? Yep. Long story short. I was riding a motorcycle and a guy pulled that infamous opposing left turn trick on me. I missed hitting him, but my momentum caused me to slide just into the lane next to me, whereupon a car coming up behind me in that lane clipped the handlebars and flipped me. I had already stopped and he was going like maybe 10 mph max when he hit. I was not injured. Guess who tried to sue who? Yep. The guy in the car that hit me, they guy on the motorcyle, tried to sue me and they guy that cut me off for "medical expenses." I let my insurance company take care of it. In hindsight, and being much wiser about such things, I would not have just handed it to my insurance for them to just pay the guy off. If it were to happen today, I would find any way within my power to make the guys life as miserable as possible for filing such a blatently obviously frivolous lawsuit. Brian -- http://www.skywise711.com - Lasers, Seismology, Astronomy, Skepticism Seismic FAQ: http://www.skywise711.com/SeismicFAQ/SeismicFAQ.html Quake "predictions": http://www.skywise711.com/quakes/EQDB/index.html Sed quis custodiet ipsos Custodes? |
#5
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Stand up in Court?
"Skywise" wrote in message ... "Capt. Geoffrey Thorpe" The Sea Hawk at wow way d0t com wrote in news:Qvadnd8SbfEjaZzZnZ2dnUVZ_t2dnZ2d@wideopenwest .com: Snipola Of course, if I were on a jury, I personally wouldn't assume that just because there was an accident (assuming that at some time there is an accident and things end up in court) that it's somehow the original builders fault for building an airplane that could be crashed. But that's me. Of course, the moment the attorneys found out you were a pilot you'd be dismissed from selection on this case. Can't go having peopel that actually KNOW something about the subject they are deciding on. So much for "jury of your peers." Funny you say this I was called in for jury duty the other day and the DA dismissed 2 nurses because they might understand how blood was taken for a blood test on Heroin. I was shocked and made me thing the guy was innocent. The judge also went on on how cheap companies are that don't pay for jury duty. He doesn't understand the company cant raise prices like they raise taxes. He was a moron I almost blurted out, have you ever had to make payroll and wondered where the money was coming from. True story: I work in an office building on the ring road around the Snipola The point being, there is no telling what someone will sue for, eh? Yep. Long story short. I was riding a motorcycle and a guy pulled that infamous opposing left turn trick on me. I missed hitting him, but my momentum caused me to slide just into the lane next to me, whereupon a car coming up behind me in that lane clipped the handlebars and flipped me. I had already stopped and he was going like maybe 10 mph max when he hit. I was not injured. Guess who tried to sue who? Yep. The guy in the car that hit me, they guy on the motorcyle, tried to sue me and they guy that cut me off for "medical expenses." I let my insurance company take care of it. In hindsight, and being much wiser about such things, I would not have just handed it to my insurance for them to just pay the guy off. If it were to happen today, I would find any way within my power to make the guys life as miserable as possible for filing such a blatently obviously frivolous lawsuit. Brian -- http://www.skywise711.com - Lasers, Seismology, Astronomy, Skepticism Seismic FAQ: http://www.skywise711.com/SeismicFAQ/SeismicFAQ.html Quake "predictions": http://www.skywise711.com/quakes/EQDB/index.html Sed quis custodiet ipsos Custodes? |
#6
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Stand up in Court?
"Aluckyguess" wrote in
: "Skywise" wrote in message ... "Capt. Geoffrey Thorpe" The Sea Hawk at wow way d0t com wrote in news:Qvadnd8SbfEjaZzZnZ2dnUVZ_t2dnZ2d@wideopenwest .com: Snipola Of course, if I were on a jury, I personally wouldn't assume that just because there was an accident (assuming that at some time there is an accident and things end up in court) that it's somehow the original builders fault for building an airplane that could be crashed. But that's me. Of course, the moment the attorneys found out you were a pilot you'd be dismissed from selection on this case. Can't go having peopel that actually KNOW something about the subject they are deciding on. So much for "jury of your peers." Funny you say this I was called in for jury duty the other day and the DA dismissed 2 nurses because they might understand how blood was taken for a blood test on Heroin. I was shocked and made me thing the guy was innocent. The judge also went on on how cheap companies are that don't pay for jury duty. He doesn't understand the company cant raise prices like they raise taxes. He was a moron I almost blurted out, have you ever had to make payroll and wondered where the money was coming from. I wonder if I'd have had the same restraint. The last time I was called to jury duty was quite some time ago. Since then I've gotten a lot smarter about quite a few things, and worst of all, I've taken to studying skepticism and critical thinking. I'm afraid I'd make a very bad juror because I can't not think. If I ever get a jury duty notice, I'm going to have fun writing the letter about why I won't be showing up, so don't bother insisting. It may become an issue, though, as I understand in my county, in order to get dismissed, you have to show up and explain to the judge in person why you should be dismissed. Brian -- http://www.skywise711.com - Lasers, Seismology, Astronomy, Skepticism Seismic FAQ: http://www.skywise711.com/SeismicFAQ/SeismicFAQ.html Quake "predictions": http://www.skywise711.com/quakes/EQDB/index.html Sed quis custodiet ipsos Custodes? |
#7
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Stand up in Court?
Of course, the moment the attorneys found out you were a pilot you'd be dismissed from selection on this case. Can't go having people that actually KNOW something about the subject they are deciding on. So much for "jury of your peers." Funny you say this I was called in for jury duty the other day and the DA dismissed 2 nurses because they might understand how blood was taken for a blood test on Heroin. I was shocked and made me thing the guy was innocent. The judge also went on on how cheap companies are that don't pay for jury duty. He doesn't understand the company cant raise prices like they raise taxes. He was a moron I almost blurted out, have you ever had to make payroll and wondered where the money was coming from. I wonder if I'd have had the same restraint. The last time I was called to jury duty was quite some time ago. Since then I've gotten a lot smarter about quite a few things, and worst of all, I've taken to studying skepticism and critical thinking. I'm afraid I'd make a very bad juror because I can't not think. If I ever get a jury duty notice, I'm going to have fun writing the letter about why I won't be showing up, so don't bother insisting. It may become an issue, though, as I understand in my county, in order to get dismissed, you have to show up and explain to the judge in person why you should be dismissed. Brian -- I actually wanted to get on the jury. I have to go back Monday they where 10 minutes from finishing and didn't want to pay the bailiff overtime. Now he has to pay everyone 15 dollars to show up one more day. |
#8
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Stand up in Court?
I don't know how well it works, but it sure is common on kits and
homebuilts. Flyingmonk wrote: http://cgi.ebay.com/ebaymotors/KOLB-...QQcmdZViewItem or http://makeashorterlink.com/?B6E5245BC "I would like to have a waiver sighed by the buyer,you are buying this as a NON-FLYING AIRCRAFT(you will have to install the prop, to make it flyable) Just for liability." Would a statement like the above or a waiver stand up in a court of law to keep the seller from losing in court? ...or would this be considered a way to skirt the law? The Monk |
#9
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Stand up in Court?
"Flyingmonk" wrote in message "I would like to have a waiver sighed by the buyer,you are buying this as a NON-FLYING AIRCRAFT(you will have to install the prop, to make it flyable) Just for liability." Would a statement like the above or a waiver stand up in a court of law to keep the seller from losing in court? Losing what? Are you anticipating legal ramifications in this transaction? ...or would this be considered a way to skirt the law? ...."considered..."??? It is *obviously* a ploy to circumvent responsibility. I can't speak for anyone else, but if I were on a jury and you tried to weasel around by trotting out that kind of document, my "Presumption of Guilt-o- Meter" would take about a half second to hit redline. |
#10
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Stand up in Court?
"Flyingmonk" wrote in message oups.com... http://cgi.ebay.com/ebaymotors/KOLB-...QQcmdZViewItem or http://makeashorterlink.com/?B6E5245BC "I would like to have a waiver sighed by the buyer,you are buying this as a NON-FLYING AIRCRAFT(you will have to install the prop, to make it flyable) Just for liability." Would a statement like the above or a waiver stand up in a court of law to keep the seller from losing in court? ...or would this be considered a way to skirt the law? The Monk Won't work. It is not the buyer you need to worry about but the buyers survivors. One can sign away their own rights but not the rights for another and nothing you can do will protect you 100% from the buyers survivors. What some home builders do if they are the builder of record is part the plane and make sure the parts go to different buyers and that none of them include the airworthyness certificate or registration. |
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