L'Avion
Well Known Member
This morning, I sent an inquiry to EAA for an opinion:
I have another question which you may wish to refer to the EAA legal department, concerning item 14 of the "EXPERIMENTAL AMATEUR-BUILT AIRCRAFT PURCHASE AND SALE AGREEMENT WITH WAIVER AND RELEASE OF LIABILITY," which states in part: "Seller and Purchaser renounce and waive any right whatsoever to a trial by jury."
Some of us are highly unlikely to waive our rights to trial by jury in any instance, and for me insistence on this phraseology would kill a sale. With five minutes research this morning, I've found at least two states (without benefit of Westlaw) that would invalidate this clause, and I feel that there may be more.
Ref.:
http://online.wsj.com/article/SB109...y&vql_string=arbitration%3Cin%3E(article-body)
http://www.milbank.com/NR/rdonlyres/8A751570-3021-4F10-8204-BAAB3DC25A6B/0/051110.pdf
Yes, I realize that this clause might be stricken from any agreement, but it leaves the purchaser open to some compromise, which I would consider unfair from the beginning.
Any thoughts from EAA on this matter?
**********************************************
Most of us have our own thoughts regarding legal opinions, but who among us would want to waive his/her right to trial by jury in the purchase of an experimental aircraft, or any aircraft?
I have another question which you may wish to refer to the EAA legal department, concerning item 14 of the "EXPERIMENTAL AMATEUR-BUILT AIRCRAFT PURCHASE AND SALE AGREEMENT WITH WAIVER AND RELEASE OF LIABILITY," which states in part: "Seller and Purchaser renounce and waive any right whatsoever to a trial by jury."
Some of us are highly unlikely to waive our rights to trial by jury in any instance, and for me insistence on this phraseology would kill a sale. With five minutes research this morning, I've found at least two states (without benefit of Westlaw) that would invalidate this clause, and I feel that there may be more.
Ref.:
http://online.wsj.com/article/SB109...y&vql_string=arbitration%3Cin%3E(article-body)
http://www.milbank.com/NR/rdonlyres/8A751570-3021-4F10-8204-BAAB3DC25A6B/0/051110.pdf
Yes, I realize that this clause might be stricken from any agreement, but it leaves the purchaser open to some compromise, which I would consider unfair from the beginning.
Any thoughts from EAA on this matter?
**********************************************
Most of us have our own thoughts regarding legal opinions, but who among us would want to waive his/her right to trial by jury in the purchase of an experimental aircraft, or any aircraft?