Quote:
Originally Posted by The_Jazz
A license is an agreement. So is a contract. The difference is that a license grants rights and a contract requires performance. A license holds the licensee to a set of behaviors established by the licensor. It requires nothing of the licensor. It is a one-sided agreement and there is no negotiation. It is essentially a grant to do something.
To be a contract, you have to have all of these:
- Offer
- Acceptance of the offer
- Promise to perform
- Valuable consideration
- Terms and conditions for performance
- Performance
There is no such requirement with a license.
So, again, Ace, the law isn't on your side here. Perhaps if you go back and use different terms to make your argument, it will hold water. But because you're using some very specific terms with very specific definitions, you've got an empty bucket. |
This is not a thread on contract law, and I am not sure how we got onto this tangent. But, I will say that in order to enter into a license agreement, all the things you list are required. I am not aware of any license agreement that does not include what you listed, again I am not a lawyer nor an expert in contract law or in the area of licensing law. My point is the government can "fire" BP if the want.
---------- Post added at 03:37 PM ---------- Previous post was at 03:22 PM ----------
Quote:
Originally Posted by roachboy
ace you obviously don't know what you're talking about nor have you read the materials posted in this thread about bp's information control teams,...
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Certainly, if I was reading views from someone who I honestly thought had no idea of what they were talking about I would stop. Perhaps that is why I did not get any further in your post than the above or why I may have missed some other stuff you have written.
---------- Post added at 03:41 PM ---------- Previous post was at 03:37 PM ----------
Quote:
Originally Posted by Charlatan
I deal in Licence Agreements... everyday. It's what I do. I have been on both sides of a Licence Agreement (a licencee and a licensor).
I can tell you, very clearly, that I cannot fire or be fired under the terms of these agreements. There are, typically, clauses that allow for the termination of the agreement under certain circumstances. There are also clauses where each party Warrants certain things (such as having the right to enter into the agreement, that they are solvent, etc).
While Termination of the agreement is possible, it can only occur under certain circumstances. Without having that agreement in front of me, I cannot say if this particular agreement can be Terminated based on this particular event.
More to the point, there is probably a clause in the Agreement that stipulates the Licensee's (that would be BP in this case) responsibility to clean up any mess it makes in course of business.
Again, without the Agreement in front of me, this is all speculation at best.
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When I used the term "fired" it was short-hand for the government exercising their rights within the contract/agreement/license (or whatever they call it) to end it. Based on the links provided regarding oil and gas drilling, it is clear the government can step in a remove BP, if they can not perhaps Congress should be investigating that "bone-head" move.