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To: .Trev who wrote (15938)3/16/1999 4:32:00 PM
From: Clifford A. Brown  Read Replies (2) | Respond to of 26850
 
FWIW, a few key phrases in the Aber NR brought back memories from my business law course in college. I seem to recall that Promisory Estoppel was an area of law under the UCC (Uniform Commercial Code) here in the US. The UCC governs business transactions. If memory serves, one aspect of estoppel law was to prohibit one party from taking drastic action because of a technical oversight by the second party.

The second term, 'equity court' is a civil court where terms like 'fairness' and 'what a reasonable person would do' are the ruling principles.

What struck me as odd it that a commercial matter would be tried in an equity court. It may be that Aber's strategy is get a civil court to agree that Aber is being treated unfairly despite what may be an obvious violation of the commerical code.

Now this is Canada and not the US. And I am a humble accountant and not a lawyer.

CAB

Just one more phrase, 'summary judgement' - where it is transparent that one party is in the right and the judges disposes of the case without a full and lengthy trial.