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David_Old_Jersey · 23-10-2012, 17:52

Thanks for the update

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**minaret** · 23-10-2012, 17:52

Happy Birthday! -facepalm-

On another note, I would never let a travelift in such an obvious state of disrepair as the one pictured haul my boat.

popeye2818 · 23-10-2012, 18:00

Ive been following this on and off ,I have nothing to add that has not been added,but has the OP contacted the state police ,local police ect where the boat company is located .This posting has a lot of thought and idea but unless the first step is taken or explored and law enforcment is invloved this seems like suggestions falling on def ears.Or did I miss the posting where he did contact someone.just inquiring .Thanks..... Aaron

Sailmonkey · 23-10-2012, 18:00

Quote:

Originally Posted by minaret

On another note, I would never let a travelift in such an obvious state of disrepair as the one pictured haul my boat.

Hah!! You'd love the lift that hauled us out 5 years ago. I think it may have actually been travel lift serial #1. Pulled by a yard tractor and operated by an extension cord drug along next to it. It looked like hell, but was solid and well greased where it counted.

cheoah · 23-10-2012, 18:40

Happy Birthday Cap, she's a nice boat. Keep your eye on the prize (Pacific water) and hopefully you'll have this messy business resolved soon.

Samantha ann · 23-10-2012, 18:42

Minaret missed your post! Sorry, you also brought this point up.

SurferShane · 23-10-2012, 18:51

Quote:

Originally Posted by FlyMeAway

90% correct:
1) There is a contract (the e-mail is a valid contract)
2) The UCC provisions you're likely thinking of (Article 2) apply only to the sale of goods, and NOT to services contracts.
3) He has no right of possession, not on the basis of no contract but because he has breached the contract he had.

Think of the following situation: I contract for you to take my boat from DC to Miami. Three weeks later you call from Omaha. "I'm just hanging out in Omaha," you say, "I'll get you your boat in a few weeks, don't worry." Theft? Bloody right.

Likewise there could have been an oral contract confirmed by the email. The issue in contracts law is when was the contract "formed". Regardless, this is not a issue material in this case; just an interesting bit of contracts law?

Oh, one argument might be that a valid contract was never "formed" due the fact the trucker was holding himself out to be a commercial transporter when his licence was cancelled. Likewise, such fraudulent behaviour is serious enough to void any subsequent contract in favour of the property owners.

Again, this unfortunate scenario would make an excellent contract law exam question!

SurferShane · 23-10-2012, 19:08

Wow, Creole Belle has beautiful lines. She looks a lot like my Herreshoff.

Oh, happy birthday Dan!

tomfl · 23-10-2012, 19:51

Nice to see the OP is back, and many happy returns.

I am still not clear about the weight of the boat which seems to be an important issue. But even if it was heavier than the OP thought or claimed or whatever the trucker is still the one who is required to know for certain that his truck and trailer can carry the weight. It really does not matter what the lift operator says about the boat weight.

There are scales at every Flying J I have ever seen, not to mention almost every other real truck stop anywhere in the US. Truckers use them all the time so they know before hand what will happen when they hit a DOT weigh station. I have seen threads, especially at SA and the Fboat yahoo groups, about guys hauling their boats stopping at a truck stop to get a good idea of what their boat weighs.

Not to mention truckers hauling a wide load have to keep a log which includes what the boat weighed at the DOT weigh station. It is not rocket science to find out what a boat weighs and citing a lift operator seems to be one of the worst ways to do it.

As to the condition of the boat that is really a non issue. Most of us have seen trucks on interstate that are carrying crushed or junk cars. The fact that the load is not ship shape and in Bristol fashion does not lessen the responsibility of the trucker to know what weight issues are and to conform to trucking rules.

My view is the legal analysis is fairly simple. Two parties entered into a contract and it was not fulfilled. While courts often will go easy if there is a good faith effort to fulfill the contract that does not seem to be the case here.

A jury is charged with resolving issues of fact. If the facts the OP posted can be proved in court (the trucker was providing false information about the progress of getting the load to its destination) and the OP suffered loss because of this the trucker may well be liable for those losses (stuff like travel and lodging resulting from delay in the boat being delivered).

In any case the trucker will have a hard time explaining why the boat is more than a month late being delivered.

Deepdraft · 23-10-2012, 20:05

Quote:

Originally Posted by minaret

Happy Birthday! -facepalm-

On another note, I would never let a travelift in such an obvious state of disrepair as the one pictured haul my boat.

Minaret... How about this lift?

**minaret** · 23-10-2012, 20:23

Nothing wrong with a properly used crane. The lift in the picture had rusty cables and pulleys, a sure sign of neglect. Here in rainy Seattle, our lift stays looking shiny and new. It's not hard, only laziness and neglect results in equipment that looks like that. It is inspected, serviced, and signed off on by a third party company quarterly. Slings are replaced frequently, as they should be. This stuff is serious business, lives are at stake, and there's no room for mistakes. I work under boats in the slings all the time. Wouldn't do it there...

Dansante85 · 23-10-2012, 21:18

Creole-Belle the OP should be very proud. His thread has had 460 replies and 25,545 views. Nothing else on the forum comes close except a post about ferro cement boats posted back in 2003. The interest in this is phenomenal and I suspect very enlightening to the members. This is what forums are really about. The marine community is tightnit and a thing like this lights them up. People of all walks are chiming in trying to help Creole. Plus, Dan Steadley of Big Dog Marine should be very grateful for all of the free press he is getting.

Sir Rondo Normal · 23-10-2012, 21:25

Indeed, this is very enlightening and I am, as I suspect most others here are, very interested to find out how it plays out. I am of course rooting for the good guy!

Cheers!

xymotic · 23-10-2012, 21:29

Quote:

Originally Posted by Dansante85

Plus, Dan Steadley of Big Dog Marine should be very grateful for all of the free press he is getting.

I beg to differ! "There's no such thing as bad publicity" is a myth!

FlyMeAway · 23-10-2012, 21:55

Quote:

Originally Posted by SurferShane

Oh, one argument might be that a valid contract was never "formed" due the fact the trucker was holding himself out to be a commercial transporter when his licence was cancelled. Likewise, such fraudulent behaviour is serious enough to void any subsequent contract in favour of the property owners.

Fraud as a defense to formation! I like it. Makes theft charges even more likely.

Quote:

Originally Posted by SurferShane

Again, this unfortunate scenario would make an excellent contract law exam question!

it would