Infose,You should teach at Tech or Uni as you strike me as a...

Infose,

You should teach at Tech or Uni as you strike me as a good theorist. No, not terrorist but theorist.

What I found during my Uni years is that theory and practice are two different things and that most Uni lecturers (theorists) would fail miserably in the real world.

Yes, you are correct when you say:

1) Contracts are to be negotiated in good faith, that is, signed with the aim of being honored; and
2) that there is a principle at law that states that if a party to a contract is in position to honor it then it must do so.

BUT, in the real world, whichever party prepares a contract will 9/10 times insert some sort of an escape close.

As neither of us have seen the contract between HAW and the Chinese (and I assume here that you are not on a HAW's payroll), there's no point in arguing this point as we have no idea if HAW directors have included such provisions and whether the Chinese allowed these provisions to stay.

BUT, as both HAW directors are experienced lawyers who over the last 2 years have proven that they like to protect themselves with co-op agreements, a 50/50 say etc, we could probably assume that they've included some escape provisions in the contract, especially if that scenario would suit them better.

I would and I have in most contracts that my lawyers have prepared on my behalf.


Please remember that this is only my opinion.