Page 2 of 10 FirstFirst 1234 ... LastLast
Results 16 to 30 of 146

Thread: Term Interpretation Consultancy

  1. #16
    Forum Fanatic Elldallan's Avatar
    Join Date
    Dec 2009
    Posts
    2,018
    Quote Originally Posted by AquaSeaFoam View Post
    I agree with EOA cf + non-compete for you and eoa cf without clauses for sparta. I further add that I expect those I deal with (as well as myself) to adhere to the good faith spirit of my agreements without needing a separate clause stating that people will honor the spirit of the agreement.

    Those that don't honor the spirit and intent of agreements with me can expect a more difficult time in getting 'friendly' agreements in the future.
    If it's not written in the actual deal then it doesn't exist, the "good faith" differs between person, and you yourself is a person who very often writes very "intricate" deals that allows you to violate what the other signatory feels to be "in the spirit" of the agreement.

    OTOH I would say that "scheming with others" to deny the provcrown is actually competing for it, therefore Bart does seem to be in breach of the terms if he's actively trying to obstruct.
    Last edited by Elldallan; 09-05-2017 at 12:19.
    Build a man a fire and he'll be warm for a day, Set a man on fire and he'll be warm for the rest of his life.

  2. #17
    I like to post
    Join Date
    Mar 2016
    Location
    Utopia
    Posts
    3,932
    It merely states that the KD of 8:9 cannot finish above 8 13 in case 8 13 has a prov in top 2. Thats all folks!

  3. #18
    Strategy Moderator
    Join Date
    Aug 2008
    Posts
    1,226
    Quote Originally Posted by Bart of Sparta View Post
    It merely states that the KD of 8:9 cannot finish above 8 13 in case 8 13 has a prov in top 2. Thats all folks!
    If that was all it said, then clearly it wouldn't say "8:9 will not compete for #1 land on individual prov charts with 8:13". Why would it say that if the stuff in parenthesis was all it said? The stuff in parenthesis was just how we discussed to handle one aspect of the non compete.

  4. #19
    Moderator for:
    Utopia Forums
    Palem's Avatar
    Join Date
    Jul 2008
    Posts
    22,030
    Quote Originally Posted by Elldallan View Post
    therefore Bart does seem to be in breach of the terms if he's actively trying to obstruct.
    Not only obstruct, but actually seize the #1 spot for himself once ASF is removed (if I understand everything correctly). There is no reasonable interpretation in which that is not competing for the #1 spot

  5. #20
    Regular
    Join Date
    Oct 2016
    Location
    canada
    Posts
    70
    Quote Originally Posted by AquaSeaFoam View Post
    If that was all it said, then clearly it wouldn't say "8:9 will not compete for #1 land on individual prov charts with 8:13". Why would it say that if the stuff in parenthesis was all it said? The stuff in parenthesis was just how we discussed to handle one aspect of the non compete.
    Then what is the point of the parenthetical content anyway? Why is it even there, if not to elaborate on the specifics of #3? I don't have a dog in this race, but the terms look pretty vague to me. Is the parenthetical of #3 simply a restatement, or is it a hypothetical example? I think both sides have an argument, but ultimately I would side with Bart here, because as it is written it appears that the parenthesis specify the meaning of point #3. And my opinion matters because I dropped out of law school.

  6. #21
    Veteran
    Join Date
    Aug 2008
    Posts
    626
    Sorry Bart, I disagree with you.

    "3. 8:9 will not compete for #1 land on individual prov charts with 8:13 (we will stay #2 so long as 8:13 has a prov on #1. Also if we are #1 and 8:13 is #2, we will make sure to drop to #2 allowing 8:13 to be #1)."

    The bracketed part does not supersede the part outside of the brackets. So you will not compete for #1 on the individual prov charts with 8:13. If it is true that you are helping others hit 8:9 with the result that you are more likely to end up #1 land, then you are competing. I agree with ASF that if point 3 was ONLY intended to be about the bit in brackets, then you would not have needed the bit that is not in brackets.

  7. #22
    Sir Postalot Pillz's Avatar
    Join Date
    Jul 2008
    Location
    Sinners NA
    Posts
    3,351
    Palem, I understand there must be pressure on you to support the owners and their friends, but try to keep some personal integrity and pick the fights you can win.

    1. EOA CF between 8:9 and 8:13.
    Bart hasn't violated this term of the CF.

    2. EOA CF between Sparta and 8:13
    This one is largely irrelevant but it seems to have been honoured and is in effect.

    3. 8:9 will not compete for #1 land on individual prov charts with 8:13
    I've removed the parenthesis to make matters simple for the less capable members of this community.

    8:9 won't compete with 8:13.
    Not that 8:9 won't compete, period.

    There is no stipulation in this deal that states Bart or his allies can not try to remove 8:13 from the competition for the crown.
    As long as 8:9 is not trying to outgrow 8:13 while they're in a position to crown, Bart is not violating this term. Bart is free to grow, and to crown, assuming 8:13 hasn't got an avenue by which they themselves can do so.

    If Bart were coordinating an effort to drop MEGA from the crown race, that would not violate the CF. It isn't an ingame action being undertaken by 8:9. In so far as good faith / the 'spirit' of the deal go, such an action would be no different than ASF attempting to talk other kingdoms into dealbreaking RoO (who they had EOACFs with) before the expiration of his notice agreement.

    Bart didn't agree to a deal that barred him from crowning, and it didn't bar him from using 3rd parties to circumvent the CF. Perhaps ASF shouldn't encourage DBs against KDs he has CF's in place with, and people might not treat him this way. Or maybe he should make better CF terms for himself.

  8. #23
    Dear Friend Korp's Avatar
    Join Date
    Jul 2008
    Posts
    8,837
    But crowning is to compete and if you aim at crowning you are competing with others that aim for the same goal.

  9. #24
    I like to post MyNameIsMatija's Avatar
    Join Date
    Jun 2015
    Location
    Croatia
    Posts
    4,960
    Palem so so biased.
    Age 65 - FreeakStyle - FeyrPlay Alliance Win - Dwarves Stole My Bike
    Age 66 - FreeakStyle - #1 Honor & Warring Kingdom - Making FS Great Again
    Age 67 - BeastBlood - #1 Honor Human(Prince) - Steve from Walmart
    Age 68 - BeastBlood ft OldSchool - #1 Honor Kingdom & Avian - We Are All Feyr
    Age 69 - Ancient Spartans - #1 Kingdom in The History of Utopia - Clever Use of Words
    Age 70 - Ancient Spartans - #1 Land(25325 acres) & NW Faery - Spartan of Redeeming Qualities

  10. #25
    Sir Postalot Pillz's Avatar
    Join Date
    Jul 2008
    Location
    Sinners NA
    Posts
    3,351
    Quote Originally Posted by Korp View Post
    But crowning is to compete and if you aim at crowning you are competing with others that aim for the same goal.
    Then ASF should have asked for better terms that stated 8:9 could not crown at all.

  11. #26
    Dear Friend Korp's Avatar
    Join Date
    Jul 2008
    Posts
    8,837
    Quote Originally Posted by Pillz View Post
    Then ASF should have asked for better terms that stated 8:9 could not crown at all.
    Wanting to crown is to compete. If they have the desire to crown they are competing for it.

  12. #27
    Moderator for:
    Utopia Forums
    Palem's Avatar
    Join Date
    Jul 2008
    Posts
    22,030
    Quote Originally Posted by Pillz View Post
    8:9 won't compete with 8:13.
    Not that 8:9 won't compete, period.
    Sure.
    But...

    There is no stipulation in this deal that states Bart or his allies can not try to remove 8:13 from the competition for the crown.
    This is literally the definition of competing for a crown when you're in the position that Bart is in and when he signed the agreement.

    As long as 8:9 is not trying to outgrow 8:13 while they're in a position to crown, Bart is not violating this term. Bart is free to grow, and to crown, assuming 8:13 hasn't got an avenue by which they themselves can do so.
    Sure, but ASF currently has the avenue to crown and Bart is working to outgrow him. Hence, he is in breach.

    If Bart were coordinating an effort to drop MEGA from the crown race, that would not violate the CF. It isn't an ingame action being undertaken by 8:9.
    A noncompete clause is not the same thing as a CF. Not breaking a CF is not analogous to not competing against someone. Plenty of kingdoms have EoACF agreements but are still competing for the same spot.

    Bart didn't agree to a deal that barred him from crowning, and it didn't bar him from using 3rd parties to circumvent the CF.
    Bart agreed to not compete against ASF for the #1 prov land spot. A spot that ASF was actively playing for as Bart chose to compete against him and try to beat him.


    Also, suggesting any sort of bias for ASF because of the new owners while pretending that you don't actively despise ASF and would love nothing more than to see him get screwed over is laughable. If I have any sort of bias to call out, it's a bias against Bart. But I can say, as objectively as I try to see it, Bart is in breach of his noncompete clause.

  13. #28
    Sir Postalot Pillz's Avatar
    Join Date
    Jul 2008
    Location
    Sinners NA
    Posts
    3,351
    Quote Originally Posted by Korp View Post
    Wanting to crown is to compete. If they have the desire to crown they are competing for it.
    Sure. But the terms are specific. 'with 8:13'. If 8:13 ca not crown, there is no competition between the two kingdoms.
    The trick is making sure 8:13 can't crown, of course, but the CF doesnt say such measures cant be explored or taken.

  14. #29
    Sir Postalot Pillz's Avatar
    Join Date
    Jul 2008
    Location
    Sinners NA
    Posts
    3,351
    Quote Originally Posted by Palem View Post
    nonsense
    None of the actions Bart is accused of undertaking violate the terms according to the letter of how they were written.

    Bart is not barred from crowning, merely from beating ASF for crown, but obviously this can't be enforced if ASF is not actually in a position where he can crown.
    As it stands, Bart is still #2. He isn't violating anything.

    I applaud you for ignoring the parts about DBs, as those were the most relevant to the situation at hand. Good way to show an absence of bias.

  15. #30
    Moderator for:
    Utopia Forums
    Palem's Avatar
    Join Date
    Jul 2008
    Posts
    22,030
    Quote Originally Posted by Pillz View Post
    None of the actions Bart is accused of undertaking violate the terms according to the letter of how they were written.

    Bart is not barred from crowning, merely from beating ASF for crown, but obviously this can't be enforced if ASF is not actually in a position where he can crown.
    As it stands, Bart is still #2. He isn't violating anything.
    Bart agreed to not compete with ASF for the #1 land province. Bart is currently competing against ASF. Thus, he is in breach.

    I applaud you for ignoring the parts about DBs, as those were the most relevant to the situation at hand. Good way to show an absence of bias.
    Whether or not someone is or isn't a scumbag has no bearing on whether or not an agreement between two bodies is being violated. If Bart wants to dealbreak ASF for the stuff he pulled earlier, then say you're dealbreaking him for the stuff he pulled earlier.

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •