It did not get thrown out because MZN are asking the court to see if a 7 month old email consititues a full and binding contract, between two individuals at public companies without board approvals, without draft agreements, without binding term sheets/agreements, without consideration of any kind paid or received, without any monies spent on KDR tenements such as paying for the drilling, without any formality or formal agreement, without performance (specific or any other performance), without squat.
Onus or Burden of proof is on MZN not up to KDR to prove there was no contract. KDR know there was nor is a binding contract.
To my knowledge no Summary Disposal (to dismiss) has been filed yet......it may well be being done now or not.
Its all legal strategy what KDR does and when.
KDR may not want to give validity to anything, so I doubt one will be filed only to have it upheld by a court process that loves its own existence. KDR lawyers probably have legal data that most Summary Dismissals fail, not because of weak facts brought by claimants, but because the legal fraternity (judges and and lawyers and courts) pretty much want all the cases can so they can justify their own existence and expenses. Legal System aint perfect.
Importantly of note:
"The courts generally will not enforce a promise by one person to another unless the other person has also given something of value in return. The values need not be equal but there must be something given by each party. Some examples of consideration include:
- Money (which can be a nominal sum of $1.00);
- Goods;
- A promise to do something; or
- A promise to refrain from doing something.
The other important point to consider with consideration is that past consideration will generally not suffice. If consideration has already been provided in the past by one person prior to a contract being formed, that may be insufficient to “buy” the promise of another person."
We do know with confidence there was no consideration, paid or accepted in the 7 months after the old email and prior to discovery for KDR's Lithium rights (of which are are worth billions), so no drilling paid for by MZN in any form, no consideration at all for the tenements .... and so MZN have Buckleys chance and then some of succeeding, irrespective of the other the important contractual points I have raised.
I cannot sell you my house, and you take it and not pay for it in any form.
On consideration ALONE , which is UNQUESTIONABLY a crucial element and maybe the most crucial.....as it proves offer and acceptance and performance....
SO No consideration = no contract. Why no consideration paid by MZN ?? because there was no contract or serious intent to creat relations as 7 months had passed....to begin with, perhaps a discussion in an email but nothing came of it.
Therefore, MZN will 100% fail. Consideration is CRUCIAL and MZN didnt provide it.
KDR to $2.00 by June.
DYOR. GLTAH.
GG
