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Interesting. Would you say this is this has been the case for both small and large companies? Genuinely curious. I do wonder though how sympathetic a court wou
by infecto 4y ago
Interesting. Would you say this is this has been the case for both small and large companies? Genuinely curious.
I do wonder though how sympathetic a court would be to the plantiff if mIRC was brought to court? How enforceable is a lifetime contract? No answer needed just my own curiosity.
- b112 4y agoI have no idea why a lifetime contract wouldn't be. It happens all the time (lifetime warranty is an example), just as CN Rail discovered. In 1906, the Canadian National Railway Company signed a contract for upkeep of a bridge, in perpetuity(forever): https://www.ontariocourts.ca/decisions/2018/2018ONCA0517.pdf https://www.ontariocourts.ca/decisions/2018/2018ONCA0517.pdf When CN refused to reopen the Bridge for vehicles, Thunder Bay brought an application for a determination of its contractual rights under the 1906 Agreement. Two provisions of this Agreement are central to this appeal: s. 3, in which Grand Trunk Pacific agreed to give Fort William “the perpetual right to cross the said bridge for street railway, vehicle and foot traffic”; and s. 5, in which CN agreed to “maintain the bridge in perpetuity”. If a mega-corp can't weasel out of a deal to maintain a bridge forever, I don't see how a software company can weasel out either. CN tried all sorts of arguments, too, which essentially boiled down to "things are different now!", and "how could we have known!", which of course are meaningless arguments.
- infecto 4y agoThanks for the informative reply!