Am I Ducked?

[doug christie]

What is the name of your state? Wa

Here's the problem. Purchased fertilized duck eggs under contract from local duck farm. One of the terms of the contract was that I don't sell, give away, or hatch out ducklings or eggs unless the contents of the eggs are "dead".

I make a product with these eggs that require the duck embrio be alive. Under these terms I could not produce my product.

Last Feb. 2004 there was an outbreak of Avian flu. No egg products could be sold and the contract came to an end "frustrated". They had already given me notice before to terminate the contract and start produceing the same product I make.

As there was going to be a complete cull of birds in the area (19 million), and there was going to be no compensation for unborn (unhatched) animals, I hatched out these ducklings (900) rather than throwing them away at a considerable loss (20 thousand eggs). At the end of 5 months the cull was called off and my birds were saved, but most of the other farm was eradicated with exception of some hatching eggs that they used to start up again.

The farm where I purchased the eggs is now suing me saying that I breached the contract and that these ducks are regesterd to their farm as a specialty breed and that because I now have them they are suffering because I am "destroying it's commercial asset".

They did not "develope" this duck, but purchased them when they purchased their farm. They freely sell to other stores and distributors without a contract, and they can and have hatched out these same ducks. It is regestered to their farm as a distinct line of Pekin duck that has a lineage going back to the original 9 ducks brought to the US in 1870. They do not exibit any different traits than any other commercial pekin. They are seeking an injunction that I distroy these birds. When do the terms of a contract end if ever?

Thanks

 

[BlondeIntel]

When do the terms of a contract end if ever?

Since I am not a lawyer, I will leave this question for someone else to answer, but I will address your problem.

They are seeking an injunction that I distroy these birds.

Have you considered asking them to accept the live ducks and continue with the original contract?

 

[JETX]

This appears to be really a simple matter..... however, the first and foremost 'disclaimer' is that it is based on US LAWS ONLY!!!

1) Were you sued in court in Washington, or in Canada???

If in Washington, the following:

One of the terms of the contract was that I don't sell, give away, or hatch out ducklings or eggs unless the contents of the eggs are "dead".

I hatched out these ducklings

That, very simply, IS a breach of the contract. You had NO right to violate (breach) the agreement without their prior WRITTEN permission. You are liable for their 'proven damages'.

However, if they are pursuing litigation in Canada, then, from the rules at the top of the screen: "Questions about U.S. law ONLY."

 

[doug christie]

Jetx, thanks for the reply. The contract was over when these birds were hatched. Does a contract continue "ad infinitum"? The other farm sells these eggs freely to other customers of theirs without a care or contract restraining them to not hatch out. They claim that untill I hatched these ducks out they had had total control of these ducks and I am the only one who has broken their grip on controling these birds. I know for a fact that these birds have been out in the public for years. Their own competition would buy the eggs from distributors and hatch them out for their own.

There is more to this case than just this and will go into this further if you like.
I am in Canada, but feel the laws won't be that different.

Thanks

 

[HomeGuru]

There is more to this case than just this and will go into this further if you like.
I am in Canada, but feel the laws won't be that different.

**A: then you are out of your ducking mind.

 

[doug christie]

There is more to this case than just this and will go into this further if you like.
I am in Canada, but feel the laws won't be that different.

**A: then you are out of your ducking mind.

How am I out of my mind Home? Thinking that US/Canadian laws are similar? They both have a foundation in English law don't they? Can you give me your opinion on when a contract is over. When I hatched these ducks out the other farm had given me 6 months notice as required, to end the contract. The date of hatch was after that date. I feel that ALL terms of the contract were over at that time and released me from following the contract. I'm not saying I'm right, but I'd like to know where I'm wrong, if at all.
Thanks

 

[JETX]

How am I out of my mind Home? Thinking that US/Canadian laws are similar?

Yep, because they are not.

They both have a foundation in English law don't they?

Kind of.... but if we start answering you CANADA law questions, then we have to answer the questions posed by every other 'hockey puck'.
Simply, the rule of the forum is clear.... we answer ONLY questions as to US laws.

Can you give me your opinion on when a contract is over.

Yes, I/we could. However, it may or may not be correct for YOUR (non-USA) country. When Canada wakes up and decides to become a 'real' sovereign state, you can petition to join the US. When that happens, please return and we will answer your questions..... about US law.

I feel that ALL terms of the contract were over at that time and released me from following the contract. I'm not saying I'm right, but I'd like to know where I'm wrong, if at all.

If this matter was being pursued in the US, you would be wrong..... as ALREADY advised in my earlier post.

So, not only are you unable to recognize that Canada is NOT a part of the US, you now want to try to argue US laws with us, huh??? Sorry, Mick, we don't play that game.

 

[doug christie]

Jetx, I asked for a Wa. state ruling, not Canadian. There's no need to bash Canada because you find the case to difficult.

I said there was more to the case than just this one point. For instance. The term in the contract that says I can't hatch out, also says that the egg and contents have to be "dead". The product I make with these eggs require the contents to be alive. This was a mistake that they made when they wrote the contract. I think the whole term should be taken out of the contract.

 

[JETX]

Jetx, I asked for a Wa. state ruling, not Canadian.

Jesus H. Christ, dougie boy!! Do you really not 'get' it.
I don't care if you asked for a Washington ruling or not. Take a look at my original post. I answered your question there.
Oh, and you seem to have 'forgotten' to answer the question I asked in it.

There's no need to bash Canada because you find the case to difficult.

Your case isn't difficult at all.... in fact, I already answered it. YOU however seem unable to accept the FACTS.
As for 'Canada-bashing', it is a great sport. You should try it. What other country in the world would even consider erecting a monument to deserters???

I said there was more to the case than just this one point. For instance. The term in the contract that says I can't hatch out, also says that the egg and contents have to be "dead". The product I make with these eggs require the contents to be alive. This was a mistake that they made when they wrote the contract. I think the whole term should be taken out of the contract.

And what you 'think' doesn't matter. Just like your inability to understand that no matter how much you dream and pray.... Canada is still NOT a part of the US.

 

[doug christie]

Quote by Jetx.
"Your case isn't difficult at all.... in fact, I already answered it. YOU however seem unable to accept the FACTS.
As for 'Canada-bashing', it is a great sport. You should try it. What other country in the world would even consider erecting a monument to deserters???"

Jetx old boy.

You based you first comment without knowing ALL the FACTS. As far as Canada or Canadians erecting a monument to your American deserters from the Vietnam war, get your facts straight. It wasn't Canada, it was a small community of in BC where US draft dodgers ran away to hide during the 70's. The monument was never errected as the town wouldn't let them. I really hope you prepare for court better than your showing on this topic.

And I know, It doesn't matter what I think, because I'm only a Canadian.

 

[JETX]

You based you first comment without knowing ALL the FACTS. As far as Canada or Canadians erecting a monument to your American deserters from the Vietnam war, get your facts straight. It wasn't Canada, it was a small community of in BC where US draft dodgers ran away to hide during the 70's.

You really can't be that stupid, can you??? Do you really not know that British Columbia is a PART of Canada???

The monument was never errected as the town wouldn't let them.

Your post shows another difference between Canada and the US... we spell it 'erected'.
And your post isn't exactly true as shown in the following statement from the City of Nelson (where the 'monument' was to be erected):
http://www.city.nelson.bc.ca/pdf/media release-monuments.pdf
The 'truth' as noted by the towns statement:
"Simply put, it would be a misuse of public funds and public property to pursue a monument that does not have widespread community support. The “Our Way Home” monument does not meet this standard."

More from the CBC (you do know that they are NOT in the US, don't you?):
http://vancouver.cbc.ca/regional/servlet/View?filename=bc_nelson20040924

As stated by one of your fellow Canadians:
"Well, Canada is a nation that shuns bravery and greatness while cheering on cowardice and weakness. I think the memorial is fitting for liberal Canadians."
http://www.freedominion.ca/phpBB2/viewtopic.php?t=28376

And I know, It doesn't matter what I think, because I'm only a Canadian.

Gee, don't be so hard on yourself. I personally, think that it does matter what you think..... as long as you are not trying to argue that Canada is a part of the US, or subject to US laws.

 

[BlondeIntel]

You need to research the regulations on importing and exporting live poultry and poultry products from the U.S. to Canada and back.

 

[doug christie]

You really can't be that stupid, can you??? Do you really not know that British Columbia is a PART of Canada???


Your post shows another difference between Canada and the US... we spell it 'erected'.
And your post isn't exactly true as shown in the following statement from the City of Nelson (where the 'monument' was to be erected):
http://www.city.nelson.bc.ca/pdf/media release-monuments.pdf
The 'truth' as noted by the towns statement:
"Simply put, it would be a misuse of public funds and public property to pursue a monument that does not have widespread community support. The “Our Way Home” monument does not meet this standard."

More from the CBC (you do know that they are NOT in the US, don't you?):
http://vancouver.cbc.ca/regional/servlet/View?filename=bc_nelson20040924

As stated by one of your fellow Canadians:
"Well, Canada is a nation that shuns bravery and greatness while cheering on cowardice and weakness. I think the memorial is fitting for liberal Canadians."
http://www.freedominion.ca/phpBB2/viewtopic.php?t=28376


Gee, don't be so hard on yourself. I personally, think that it does matter what you think..... as long as you are not trying to argue that Canada is a part of the US, or subject to US laws.

"As for 'Canada-bashing', it is a great sport. You should try it. What other country in the world would even consider erecting a monument to deserters???" Jets, may I call you Jets? It wasn't the Cuntry (SP) that wanted to errekt it, it wuz juost a tynny bitt cawlled a sitty.


Sory abowt the speling. i dont' hav a sekratery to cheque my misstaikes 4 mee.

If yur geting yur nees from Bill O'rielly (SP) and Focks, that would explane a lott.
I donte beleev I wus at oll mistaiken about the city of Nelson not letting them eerekt the monnewment (SP). Weer stil free two du watt wee wont on hour one propirtie hear.

The cbc (SP) thing had a conchiensesh objektor Amurikan turned kanaidien naim off Dr. Juergen Dankwort tocking about (SP) the monumant. Whots' yur poynt?

Kudant u pik a webbsyte thet wuz a lyttlle moore rite winge? I haf to agrie, Enythig is fitting four a libral.

There's more to my case. Want to here about it. OK. While the contract was signred by me and the others, they thought that I was a sole proprietorship and the statement of claim is stateing that D Christie dba as can..... duck farm a sole proprietor, which is not true, I am not a proprietorship. I took the eggs, but my farm, partnership did the incubating and hatching. Don't get me wrong. This was an inocent breach at best.

There's more to it too.

 

[HomeGuru]

Oh brother, another live one.

 

[doug christie]

Oh brother, another live one.

I know there must be a point to your comment, but it escapes me. Brain must be frozed livin up here in all this snow. hick!