I think the bold and line root the real problem he got caught doing something he shouldn't get kicked to curb unfortunate you left on bad terms and unlike you wanted. The thing people may not know bad habits they don't start from nothing normally start from doing something wrong repetitively. You mention a few times you went over and 20 years means nothing if you can't run legal this ain't the old days wild west do what you want like it or not how it goes.
Personally think will reduce the accidents professional drivers overdrive and fall asleep is it foolproof nope but I could put a barrier and signs people will still find a way fall into a radioactive pond of death and somehow someone would survive and sue say it's someone's fault.
When you own a company lets say even if example my former landscaping company I outsource work certain expertise example a client wants a custom freshwater swimming pool and fish pond connected make look like it was naturally made by a river nearby I outsource the heavy machinery operators that said if any way they made my company look like a joke I would cancel their services on the spot per my contract they signed. Make no mistake they way to work reflected me and my company and services I provided even if I was not the one operating the equipment.
If you cannot make a simple thing like work your logs legally in a 20 years time the rules may of changes since you started but that basic math hasn't this ain't rocket science your a professional driver even if others may disagree with that statement.
People complain my English grammar, perhaps english isn't my first language and the education you take for granted I didn't have the option for I try my best everyday I make mistakes I will own up to my mistakes and move on you should stop complaining to everyone and everything is at fault but yourself. I tried to keep this stuff short but everything isn't always black and white good or evil trucking has changed the life of so many people I know for the better despite all the changes. You shouldn't let hate dictate your life so forget them as they will you.
Beware crooked Mercer!
Discussion in 'Report A BAD Trucking Company Here' started by texasmorrell, Feb 14, 2019.
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It sounds like you actually read the entire thread and actually comprehended it. I tip my hat to you sir.
Here is why Mercer will lose this case and why all current Mercer trailer lease purchase drivers need to pay attention. Below is section 9 of the lease purchase contract. Read the last underlined sentence in the section. This is the only leg Mercer is trying to stand on. As you can see it was crudely tacked on to the end of this section because they could find no better place in the contract to stick it. You see, the contract was originally drafted without this sentence. This sentence was placed here by someone at Mercer with no understanding of contract law. What is most glaringly missing are any details regarding why a driver may no longer be leased to Mercer. There are many reasons why a driver may not be leased to Mercer any longer and they may all be out of the control of the driver. Under the law this statement tacked onto the end of this section is too vague and poorly worded to be reasonably enforced. Even if the court were to decide that it was worded properly, it puts too much power in the hands of Mercer and makes the contract unconscionably one-sided to the point it cannot be reasonably enforced. That’s aside from the fact that all of section 9 contradicts itself. For instance most of section 9 holds Mercer completely and totally harmless from any actions that may occur while using the trailer. However the next part of section 9 goes on to say that the trailer will be in the exclusive custody use and control of Mercer. How can Mercer not be responsible for any incidents that occur while the trailer is being used to haul Mercer‘s freight? So you see section 9 was not the place to put this ridiculous sentence. A lawyer would’ve known that.
But section 12 shown below is even more important. It’s the default section and lists all the reasons a driver can default on the contract. Glaringly missing as a default is not being leased to Mercer. Under Kentucky contract law as long as driver does not trigger any of the defaults in the default section of the contract then the contract is not in default and is still in play. Whoever tacked that ridiculous sentence on to the end of section 9 forgot to list no longer being leased to Mercer as one of the defaults. This is why it pays to have an actual lawyer draft or alter your contracts. Mercer does not want a judge to actually make a ruling in this case. They will offer me a settlement before it’s over. If the judge makes a ruling then a legal precedent will be set. That would be Mercer‘s worst nightmare. That will confirm on the record in a court of law that they cannot control the driver through his trailer and the driver can leave with his trailer anytime he wants as long as he doesn’t trigger any of the defaults in the default section of the contract.
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Last edited: Dec 17, 2019
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