There are a few people, who asked, why is ‘Against’ still active in opposition? They actually believe the problem is solved. Although Peter Klika, a resident of Ainakea, offered to help WasteStream to find another location, away from homes, there is no guaranty that such a location is actually desired by the interest group, given the lack of will thus far shown by all connected with the prior process.
Under the current conditions, as is explained in more detail below, ‘Against’ is indeed justified not to sit back, and hope for better things to come. Many residents, who have signed the petition opposing the current site selection, are very suspicious of this new search effort, because WasteStream and the County have not demonstrated good faith and fair dealing, by not removing permanently the current site, regardless of the outcome of a new search. This must be a precondition for most of us to believe this new search, is on the level.
1. What is an Agreement to cooperate?
“… promises without legal obligation.” Barron’s Law Dictionary
2. What is inequality of bargaining power?
“Inequality of bargaining power is a concept used in social sciences and humanities, particularly law and economics to denote the situation where freedom of contract ceases to be real and markets fail.
The concept denotes the situation where one party to a "bargain", or some kind of contract or agreement, has more and better alternatives than the other party. This results in one party having greater "power" than the other to choose not to take the deal and makes it more likely that this party will gain more favourable terms.
Where bargaining power is persistently unequal, the concept of inequality of bargaining power serves as a justification for the implication of mandatory terms into contracts by law, or the non-enforcement of a contract by the courts.” Emphasis added. Wikipedia, the free encyclopedia.
3. What is implied covenant of good faith and fair dealing?
“implied covenant of good faith and fair dealing n. a general assumption of the law of contracts, that people will act in good faith and deal fairly without breaking their word, using shifty means to avoid obligations, or denying what the other party obviously understood. A lawsuit (or one of the causes of action in a lawsuit) based on the breach of this covenant is often brought when the other party has been claiming technical excuses for breaching the contract or using the specific words of the contract to refuse to perform when the surrounding circumstances or apparent understanding of the parties were to the contrary. “Emphasis added. http://legal-dictionary.thefreedictionary.com
A. First of all, the public agreement of November 10, 2010 between Bob Martin and Peter Klika, by handshake, is a promise without legal obligation, per 1., above.
B. In addition, we have a case of inequality of bargaining power, because WasteStream and/or the County has more and better alternatives than the other party, the Ainakea residents, per 2., above. WasteStream and the County can always go back to the current site selection, since it was never permanently scrapped. On the other hand, residents of Ainakea have no fallback position.
C. WasteStream and the County are not acting in good faith, and are dealing unfair with the residents of Ainakea, because they have not permanently scrapped the current selected site, regardless of the outcome of a new search.
The fact that WasteStream and the County have their fallback position, the current site selection, they have less incentive to be very serious about this new search effort, and the slightest obstacle could be reason enough for them to revisit the current site, claiming it to be the only site ultimately suitable.
Considering all of the above, it should be no surprise to anyone, that ‘Against’ cannot and will not pause their activism against this very troublesome site selection, because it will affect not only the quality of life in our area, as we know it, but will also adversely impact our health.
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