I lease equipment to restaurants in Oregon & I have 24 month contracts with each location that automatically renew unless cancelled. My equipment is clearly tagged as "owned & leased by " our company. Do I have any recourse against a competitor who arbitrarily removed my equipment & installed theirs in it's place without even calling us to ask about the 'lease".
Country relating to Question: United States
State (if USA): Oregon
Nothing as I am unsure of my options
Good afternoon,I'm sorry to hear of the situation.If the competitor took possession of your equipment and did not return it to you could sue the competitor in Replevin. Also, you may sue the restaurant for Breach of Contract if they no longer are paying the on the lease and have transfered your property to another without your permission.I wish you the best in 2012.Doug
The competitor did not take possession of my equipment, it was left on site. I guess what is unclear to me is ... did the competitor have a legal obligation to contact me when they saw the equipment was in place under a lease agreement or was their obligation strictly an ethical one.
Good afternoon,There was no legal obligation for the competitor to contact you before disconnecting your appliances. They certainly had an ethical obligation to notify you---but that and five bucks will get you a Happy Meal.It is the restaurant who you have a cause of action against if they breached the contractual agreement with you.I wish you well.Doug
I am a practicing attorney with more than 27 years of experience in the legal field.
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