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Gold/Mining/Energy : ABER RESOURCES -- Ignore unavailable to you. Want to Upgrade?


To: I_C_Deadpeople who wrote (1099)3/19/1999 12:28:00 PM
From: Gord Bolton  Respond to of 2006
 
Aber has stated as much in there NR.

If Aber was within the JV Contract they would obviously be bringing forth a suit for breach on the part of Winspear.

Aber have conceeded that they did not notify in writing and there is no evidence of any payment of $4 million or even a consideration.

Aber has brought forth a suit under a mistaken notion of what Estoppel means and are seeking relief from the application of the contract under the B.C. Equity Statute.

What is fair and equitable has already been agreed to by the parties and defined in the terms of the JV contract. Aber is estopped from argueing that their own agreement and the natural consequences of their own actions in relation to the contract are unfair.

Have you ever had a room mate, business partner, or significant other who could not decide whether they are coming or going?

Life is about choices and people have to make them. It is natural to want to have your cake and eat it to. But, when you are embarking on a $12 million dollar exploration program people have to signal their intentions in very clear and unambiguous ways.

A signed letter from a company official with signing power, a check, perhaps an news release for the shareholders information would signal and notify intent in clear and unambiguous ways.

If there is ambiguity here it is on the intentions of Aber. In the face of what is at best ambiguity, Winspear made other plans and exercised their rights under the terms of the JV contract.

One cannot win a case in court which is founded upon one own's ambiguity.