TIP: Click on subject to list as thread! ANSI
echo: locsysop
to: Alexander Watson Law
from: Rod Speed
date: 1995-06-09 13:39:06
subject: locsysop

AWL> No, "legally" you haven't been part of FidoNet until now, of
AWL> course now you are part of it, you could find yourself paying
AWL> 1/N640 (count) of N640s costs etc if anyone every sues Fido...

BG> Nope, I've not signed anything, only verbally indicated
BG> that I have "read and understood" P4 (and I certainly
BG> have not specifically agreed to abide by its archaic
BG> recommendations). Ergo, I'd really like to see them try...

DD> So would I.

BG> I saw my local solicitor having a smoke outside his office
BG> in the Marsden Shopping Centre yesterday (his secretary is
BG> a non-smoker, and obviously wears the pants in his practice)
BG> and in general conversation, asked him about Alex's comments.
BG> Didn't get an answer though, as he was laughing too much.  |-)

AWL> Check how much he knows about the field first, there's a lot of
AWL> them who haven't read more than the minimum texts on Associations
AWL> Law, and it is a field that has changed a lot in the last decade...

Pity that YOU dont appear to have managed to grasp
even the simplest of the fundamentals yourself Alex.

AWL> Actually I'm being a bit over-the-top on the 1/N640th line,
AWL> most likely the *Cs involved would be held responsible for
AWL> any debts/damages... Especially if their action was without
AWL> knowledge and (tacit) approval of the "membership."

Funny that. Yes, you fucked up. And you have fucked up
even now on the legal liability of the *Cs too Alex.

AWL> An Unincorporated Association is like a
AWL> partnership with a flux of membership...

Pity you havent even established that Fido *IS* an
unincorporated association Alex. Just claimed it is. It aint.

AWL> It has no separate (legal) existance, but can be treated as
AWL> an entity as a short-hand for the individuals who make it up.
AWL> Any suit is against those individuals, but the Membership List
AWL> is what determines who is and is not a party to the action...

Pity thats nothing like Fido Alex. Any more than a list of people
who choose to meet the requirement to turn up on saturday mornings
for a game of whatever is. They are at no legal risk of some dork
like you declaiming that Saturday doesnt suit him, so it has to be
some other morning instead. Because he is perfectly free to have a
group of people who prefer to do it on Sunday morning instead if he
wants to do that. So there goes THAT silly argument up in flames too.

--- PQWK202
* Origin: afswlw rjfilepwq (3:711/934.2)
SEEN-BY: 711/934
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