Is a logbook a legal requirement for a Small Commercial Vessel

[Tranona]

Yes you are probably right, but it would be good to have a solicitor look at it and get their opinion, if they feel there is no case I will just have to move on. The purchaser specified the the performance related payment and my solicitors put the clause in the contract.

The trouble was that leading up to the sale I was in and out of hospital a lot due to an operation that had gone wrong, so relied heavily on the solicitors.

If that is the performance related clause it is meaningless as it does not say what the performance level is nor what happens if it is not met. All that clause does is require evidence of activity so the only dispute would be about whether what he is providing is adequate.

 

[lpdsn]

Yes you are probably right, but it would be good to have a solicitor look at it and get their opinion, if they feel there is no case I will just have to move on. The purchaser specified the the performance related payment and my solicitors put the clause in the contract.

The trouble was that leading up to the sale I was in and out of hospital a lot due to an operation that had gone wrong, so relied heavily on the solicitors.

May be worth trying to put your solicitor on the spot for including clauses that are going to be difficult to enforce.

 

[jibtop]

May be worth trying to put your solicitor on the spot for including clauses that are going to be difficult to enforce.

I agree, but it is finding someone who would be able to put them on the spot.

 

[lpdsn]

I agree, but it is finding someone who would be able to put them on the spot.

I doubt you'd get another solicitor to do it.

 

[Tranona]

I agree, but it is finding someone who would be able to put them on the spot.

Going back to your post#7 you seem to have an acceptable performance agreement. How was this written into the contract and what was the process for determining whether the minimum level was achieved so that you could get your final £30K?

 

[jibtop]

Going back to your post#7 you seem to have an acceptable performance agreement. How was this written into the contract and what was the process for determining whether the minimum level was achieved so that you could get your final £30K?

The amount should have been paid if the turnover reached a certain amount. To establish the turnover the Buyer had to provide 1/ A weekly record of number of pax carried 2/ Copy of logbook detailing numbers of pax 3/ Statement of business bank account 4/Any other docs that may relate to the Buyer ownership and op of the business that may reasonably required to establish the amount of turnover

The buyer provided a weekly record and as I have said the scribbled notes for copy of logbook and that is all.

 

[dunedin]

The amount should have been paid if the turnover reached a certain amount. To establish the turnover the Buyer had to provide 1/ A weekly record of number of pax carried 2/ Copy of logbook detailing numbers of pax 3/ Statement of business bank account 4/Any other docs that may relate to the Buyer ownership and op of the business that may reasonably required to establish the amount of turnover

The buyer provided a weekly record and as I have said the scribbled notes for copy of logbook and that is all.

Then why are you focussed on the slightly obtuse maritime law point of what constitutes a formal logbook.
A lawyer and or small claims court would be much more familiar with financial documents to verify income and accounts - your items 3 and 4. If you think there is any realistic prospect of getting any money back I would look in these areas.
But unless you know enough about the buyer to enforce any settlement even if you get one, be careful you don’t just pour more money and stress into an already stressful situation.

 

[jibtop]

Then why are you focussed on the slightly obtuse maritime law point of what constitutes a formal logbook.
A lawyer and or small claims court would be much more familiar with financial documents to verify income and accounts - your items 3 and 4. If you think there is any realistic prospect of getting any money back I would look in these areas.
But unless you know enough about the buyer to enforce any settlement even if you get one, be careful you don’t just pour more money and stress into an already stressful situation.

Yes, thanks for advice, I do know more than enough about the buyer. The reason I was on about the log book was that to me it would have been a good guide as to the work they were or were not doing. I can find no legal necessity to keep a logbook in the Code of Practice and I feel that the way 2/ is worded that unfortunately the scribbled notes would cover this clause.

So, will probably give up trying to pursue this any further, but thanks to all for your help.

 

[ShinyShoe]

Yes, thanks for advice, I do know more than enough about the buyer. The reason I was on about the log book was that to me it would have been a good guide as to the work they were or were not doing. I can find no legal necessity to keep a logbook in the Code of Practice and I feel that the way 2/ is worded that unfortunately the scribbled notes would cover this clause.

So, will probably give up trying to pursue this any further, but thanks to all for your help.

But even if he had a meticulous log book exactly as you had expected it. And it listed hourly weather observations, listed passenger numbers. They match his accounts. All you would be left with was proof he didn't have the turnover. Not if he could have tried harder to get the turnover.

From the buyer's perspective - if trying harder means increasing costs he now has £30k plus whatever trying harder costs him to cover... so better to not try that hard year 1, avoid the 30k and then this year he can try harder and is sorted...