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Gold/Mining/Energy : Winspear Resources -- Ignore unavailable to you. Want to Upgrade?


To: Rocket Red who wrote (17273)3/31/1999 11:47:00 PM
From: Clifford A. Brown  Read Replies (1) | Respond to of 26850
 
Red, the scene from the courtroom:

WSP Attorney Perry Mason: Your Honor, we call Mr. John Paquet to the stand.

Bailiff: Mr. John Paquet to the stand.

Perry: Please state your name and occupation.

JP: I am the Mr. John Paquet, currently unemployed, but I am also very fine newsletter writer, but no one pays me, yet.

Perry: Mr. Paquet, were you recently employed by Aber?

JP: Yes.

Perry: In what capacity?

JP: I was VP finance, but now I am produce best newsletter, much better than that phoney Sudir man.

Judge: Mr. Pauqet, please just answer the question.

Perry: You were just dismissed from Aber, were you not?

JP: Well, yes.

Perry: And why was it you were dismissed?

JP: Well, this is long story. You see this Aber company is just penny stock spec play, not important enough for Mr. John Paquet to spend too much time. Real job is making big, big money at this day-trading of penny stocks.

Judge: Just answer the question Mr. Paquet or I will hold you in contempt!

JP: Yes, well said. I will do as you say. Mr. Paquet does his learning here in this court classroom. I was paid as VP finance, but made only small mistake, no reason to be fired over.

Perry: And the REASON was?

JP: Mr. Paquet failed to send stupid piece of paper to WSP to say my company Aber will do this Spring drilling program and pay the money. No reason for WSP to steal our share of Snap Lake.

Perry: So you were fired because you made a mistake?

JP: Yes

Perry: And although you thought it was not a big mistake, your employer thought it was big, so big that a high level employee was fired over it?

JP: Yes, they thought it was big, huge mistake.

Perry: No further questions, your honor.

CAB



To: Rocket Red who wrote (17273)3/31/1999 11:53:00 PM
From: .Trev  Read Replies (1) | Respond to of 26850
 
This quotation is taken from a book entitled simply “Canadian Law” which when I got it was in it's fourth printing in 1956. I was prompted by Gord's quotation to look it up just to see if it added anything, and to my surprise it did. My reason for posting it is the little piece of history that is included, which to my mind is as important as the Law.

Most of us know that our Law is based on English Law:-

“For centuries under English Common Law no distinction was made between the oral and the written contract. Eventually because perjury and fraud were so often conmnected with the enforcing of old claims andvarious promises, a Law was passed known as the Statute of Frauds (1677) which required that certain contracts must be in writing if they were to be enforced by the courts. Similar provisions to those of the English Statute are in force to-dayas the Law of Canada. ........

....... 5. Any agreementnot to be performed within one yearfrom the making thereof........”

And like all texts it goes on in great detail about lots of details that I think we can safely leave to Winspear's Lawyer. The important things to me are that the requirement to have written contract was enacted 322 years ago specifically because the centuries had shown oral (i.e. word of mouth arrangements ) to be unsatisfactory to enforce, and especially when they related to long lasting contracts. Our JV agreement was originally signed in 1993, asnd while it may have been modified, the addenda will always have been done in written form, I am sure.

It's hard not to feel some pity for the VP who appears to be carrying the can but Murphy sure knew what he was talking about when he said as a general statement that “People invariably rise to their level of incompetence”

I believe my shares are suddenly about to be worth about 23% more tha they used to be, and that's without allowing for any “Irrational Exhuberance”

Cheers to all.