Abuman said: As much as it seems incorrect, and as slack as RIO's follow up procedures seem to be, it IS in the public interest to ensure that one company/person does not suffer for the mistake of a third party, end of story really. cheers ======================================= Millways has the last word?
Abuman
Regarding your sentiment, it is true that it would have been unfair for RIO to suffer the loss of Shovelanna because the courier delivery went wrong. Was delayed.
But the sentiment, as well meaning, as I'm sure you are, is just the starting point for a full consideration of the question to be decided. Is there a public interest argument justifying Cazaly not being granted the exploration lease.
My first point would be a simple observation. Was the Courier responsible for the delivery of the documents? Yes, we all agree. The Courier was responsible and the Courier should pay the price. And the punishment should fit the crime.
But. The courier very likely has a clause in its delivery contract at releases it from consequential damages to RIO if the satchel doesn't arrive by a certain date.
So what am I getting at?
Simple. If the courier was not responsible for the consequences to RIO flowing from a late deliver, WHO WAS?
RIO was. RIO was. RIO was.
You see? I've said it 3 times. Which means it must now be true. And no. It is not magic I’m using.
And because I am the first to say it 3 times, no-one has the power under god to contradict me. ================================ Now. What about the public interest? The public interest is I believe vested in the land itself.
If every time a renewal application is late, involving a public asset lease, the lease can never be forfeited until the satchel is found. And what if it can not be found and what if it can not be proved it was despatched? Do we all get a second, and a third go at establishing a lease renewal? What about others who wish to pick up the baton? Is it not unfair to them to have to wait until the original lessee stops falling on their face? When is an idi-ot an idi-ot?
When is someone late?
By your argument, never, if they have genuine intentions. Which can be proved if they posted a satchel and waive the courier of responsibility, and then claimed fait should not deal them a bad hand.
I lost my parking station ticket the other day. I was about to leave within the 1st free hour and was told, sorry, "You have to pay $32 for 24 hours parking".
Mistakes, even innocent mistakes are serious matters under the law. Courts, unlike what appears might be the case with the Bowler decision, take all mistakes very seriously. Even innocent ones. Because innocent mistakes are like convicted criminals who so often claim they “didn’t do it” You accidentally scratch someone’s car (and you get caught. You almost always have to get caught) then you have to pay for the repairs. It’s not very difficult to fathom. Is it? We are responsible for our actions and INACTIONS having consequences.
The real word is not that of a child's conception. No adult can claim, “sorry, I didn’t mean to do it”, in order to avoid the consequences.
The only good thing about the majority of mistakes we make is, we don't also have to go to gaol every time. Though I recall the day in primary school when the teacher declared for every spelling mistake we all get a cut of the cane. (Boys only class). No, the experience didn’t cause me to become a twisted member of society. I got only 6 out of 10 cuts because I didn’t pull my hand away. I took my punishment like a man. So the teacher gave me a discount for facing up to the consequences. I was the only one to do so. You should have been there.
Though sometime here at HC I tend to think some comments deserve a day in gaol. With the exception of all of mine. Especially this last one.
So sorry Abuman, but you are wrong and I am right, as always. Its just something I can’t help myself from always being. Just as I once said:
Well may we say god save the Queen, for nothing will save the Minister assisting
CAZ Price at posting:
0.0¢ Sentiment: Buy Disclosure: Not Held
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