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Non-Tech : Sungold Gaming International (SGGNF)
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To: John Lawrence who wrote (3045)1/24/1999 3:36:00 PM
From: John Lawrence  Read Replies (1) of 5164
 
unenforceable, but still enforceable?

Follow this logic, if you can: 3002 says, "the Tribe had an unenforceable agreement with Sungold"; then, "the agreement is unenforceable as it was never approved by the [NIGC]"; and then, "[SGI] failed to live up to its obligations under that agreement...".

These statements beg an obvious question. Why, if there was an unenforceable agreement, would the writer go on to argue that the company had not lived up to the terms of the agreement? The argument about the conditions would not need to be made if the conditions were unenforceable. The writer's need to make an argument about the conditions forces us to believe that the writer acknowledges that the agreement is enforceable.

The reason the writer needs to make the argument that the agreement is unenforceable (while actually saying it is enforceable) becomes clear when we realize that nowhere in the document is any evidence provided for the statement that SGI failed to live up to its obligations.

3002 is in a tough spot. They'd like to assert that the agreement is unenforceable, but they show that they know themselves that it is, and so they try to say that the company didn't meet its obligations, but there is no evidence to support such an assertion. I can imagine how 3002 might get frustrated and do something stupid like post on SI. If there's any valididty to all this, I hope the various parties sit down again in a reasonable way and sort things out privately.

On the other hand, 3002 could well be an internet fraud that should be investigated by the SEC.
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