Date: Sun, 24 Dec 2000 16:16:34 -0500
From: superman98@home.com
To: message@esmartstudent.com
Subject: Flawed comparisons


---------------------------------------------------------------------------------


It seems that most or all of the "pro-lawsuiters" are comparing the
situation at York to an undelivered product or service for a customer
and using that as a basis for sueing York. This comparison is flawed.
You cannot compare a delay in classes to an unfinished contract, it
doesn't make sense. As of now, York is doing everything they can do to
make up for the classes missed. This, as you know, is not a breach of
contract, simply a delay in delivery, which we all in good faith (a word
which seems to have lost all meaning at York) can respect and understand
considering the circumstances. Regardless of who is at fault, York
cannot be entirely blamed because the TAs went on strike...regardless of
how bargaining went, whether or not the TAs wanted to strike was
entirely up to them.
If, however, by the end of the school year a substantial amount of
classes has been missed so that it severely affected your accumulation
of knowledge (come on guys, don't complain about 2 weeks out of our
curriculum which translates into a few hours of each class...you
probably skip more classes than that anyway) you can go ahead and do
what you want because I couldn't blame you for being angry. That would
constitute a non-fulfillment of contract. I personally would probably
not sue out of understanding but I cannot expect everyone to be as
sympathetic as myself.
This message has gotten long, so to sum up: there is no real reason for
any of you to be filing a lawsuit against York at this time. In any
complex contract between two parties, there are always obstacles. Don't
make things more difficult for everyone just because you are pissed off.
- Daniel Sztrimbely
P.S. FYI, I am not, strictly speaking, on "York's side". Rather, I
feel that certain actions against York, such as lawsuits, are ridiculous
at this time and am trying to convice people that such actions will only
further hinder the learning process.


Previous Next Back To Index