Is Ford seeking damages? That would be kind of a stretch to show they were hurt by this sale isn't it?
As a result, how can this go to anything but a slap on the wrist to the defendant?
I'd seek damages from Ford for the legal costs to defend myself and claim this is frivolent and should have been thrown out?
To avoid your arguments which I believe to be meritorious defenses to the contract, I would structure the contract to provide a specified monetary damage for breach and that would facilitate my proofs come the time of trial (or default if they fail to defend).
Do you know as a fact that is what Ford did in the Contract?
Even so, I'd argue that was needless coercion since Ford can't possibly be injured by the reselling the car AT ANY POINT since it appreciates the overall value of all of the cars which aids to their (Ford's) reputation, not hurt it, etc.
I'd argue that was my understanding of the reasoning for Ford's clause in the contract and that is how I understood it and why I agreed to it in the first place.
How can a Protagonist (my term) argue to the contrary? Even if the Judge is forced to decide in Ford's favor, the damages would need to be determined separately?
What actual damages are there? Only gains.
IF it would be determined that Ford gains from the resale, it would add argument that the entire suit was Frivolous to begin with.
Rules of Procedure prohibit filing Frivolous law suits. The attorneys on record for the filings would have to be examined for intentionally filing frivolously knowingly and could have to face disbarment proceedings?
That's how I'd defend this. Make the attack dogs put their tails between their legs. They are in real jeopardy for defending a corporate bully, Ford.
These aren't "country hicks" that Ford has representing them and no attorney wants to face a disbarment proceeding?
In addition, the Judge has to deal with my position on lawfulness of the original filing and question the Ford attorneys about how they documented at filing. If they are not truthful, they could be in jeopardy of purgery. Another knock towards a disbarment procedure.
They are not going to be let off of the hook by saying "I don't know". If they really piss the Judge off, they will get fined or worse.
This is when the opposite council really gets nasty. They start showing attitude to everyone including the Judge, showing open shit fits in court. It's a quick turn of events.
Just a thought. Glad I'm not involved in it.