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17/11/16
15:52
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Originally posted by TheArchitect
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I know a few Judges and spoke to one of them about this on the information that is only known to the public and they said this about the emails:
"If there's an email or a series of emails that discuss an offer and clearly states for entering into a deal with all the material terms and the other party replies by email accepting the terms or in any wording that lays suggestion to accepting the terms, then there is a very good chance it will be deemed a valid contract has been formed, there doesn't need to be any signatures exchanged.
So watch what you write in an email and how you word responses, offers and alike, if the intention is only to negotiate towards leading to a formal written and signed contract that both parties would accept then it must be clearly stated in the emails, if not then watch out, that company (MZN) may have a real case.
It all depends on what is contained in those emails and any wording, without seeing all the details in the emails any discussion is just speculation.
And yes emails are commonly used and accepted as contracts these days now with no formal signature."
So MZN have outlined material terms offered - Check
KDR response and specific wording to those terms - Unknown: This is the potential smoking gun MZN are holding.
There won't be a cash offer if MZN happen to win to make them go away, MZN are going for the lithium rights to have them for themselves, which is what would have happened had KDR accepted the offer back in April, so that is what I expect to happen if MZN win.
Why would they keep drilling on their own land? I dunno, maybe because if you find more lithium then you make more money?
Why has it only come up now? I've said this before and the conversations are becoming repeated; MZN would have gone through all other options to resolve the matter before undertaking legal action as the last resort to go to the Supreme Court. You don't just wake up one morning and think Hey let's go sue someone today for made up reasons.
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So if this has been an ongoing issue then MZN directors failed disclosure and bought shares illegally. They go to jail...it is that simple.
Secondly let's say they win the "lithium rights" how do they define a resource - if I was Kidman I wouldn't be handing over cores or results of definition drilling etc etc, who is going to provide them funding, who is going to even discuss an offtake agreement for fear of being bound to a contract they didn't intend? It would basically be consigning the Mt Holland deposit (globally significant) to being a waste.