Mark_Pilkington wrote:
I'm also not sure the CAF should be "fighting this on behalf of everyone else", unless everyone else is going to stumping up some cash for legal costs?
In the end it is a dreadful situation, I agree the history, documentation and management of the agreement seems poor and the concept of a "conditional donation" and ability to require the donation's return seems ambiguous to begin with, and I can understand the CAF's view that they are in the right, however the court judgement took all of that into account and still found in favour of the USAF.
Mark,
My understanding is that part of the reason the CAF considers the fight worth the risks is because a number of other aircraft may be affected if precedent is set. Essentially, there ARE other planes out there, including some other well known aircraft in other places (including, but not limited to CAF) believe to be OK paperwork wise, that might be subject to re-interpretation based on the outcome of this case. Essentially, if the first document is the only thing that can be considered, even if subsequent documents clarify that it is indeed a donation, then there is a problem.
Here's an analogy from what I understand of the CAF's position:
Suppose I give a company that you own one of my cars - on the condition that if you ever want to get rid of it, then it comes back to me. Fine. That's pretty clear - there's a condition established, and the ownership reverts to me if you no longer want it. Oh, and every year, or at various intervals you report to me on it's condition.
Then suppose I send you other documentation that for all intents and purposes indicates that I have relinquished my claim to the vehicle, don't really need it back, stop sending you paperwork checking on it's condition, and leave the paperwork in such a way that when you die, or move on, your son, who reviews the documentation, believes that your company does indeed have ownership of it.
Now your son, and his friends in the company feel they can't get it running and try to trade it for a vehicle that will help their company meet it's goals. They DO review the paperwork, without malicious intent, and believe from what they read, that while aware of the first document, the later documents make it clear that they're ok to do so.
Now, I come back and say that I didn't really mean what the other documents said, and my secretary didn't have the right to give the authorization for whatever else was done with the car.
Now, from my perspective, if I knew that the other guys didn't intend any malice, apologized and said, "OK, we didn't realize that first clause was still binding, may we still keep it?" a person with ANY kindness should have found a different way to deal with them than this whole mess. That's basically how I understand the whole deal.
Ryan
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