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F1: FIA Considers Toyota Penalty

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The FIA is contemplating a penalty in the wake of Toyota's decision to withdraw immediately from Formula One...

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I fail to see what purpose a penalty serves at this point. What has the FIA lost? There is no potential monetary loss as there is at least one other team queued up to take their place. The FIA needs to put this to bed ...

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Agreed...contracts in F1 are hardly worth the paper they're printed on.

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The penalty amounts to another money grab by the FIA/FOM.

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Greed, greed, greed..Brenie you %@*&^@!....

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A contract is a contract. You don't sign a contract just for grins. I'm sure Toyota knew there would be a penalty for violation of their contract - as there should be. It's business and I'm sure Toyota wishes they had the sales to stay in F1 but they don't.

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cyclerider5 - 20 November 2009 08:48 AM
Agreed...contracts in F1 are hardly worth the paper they're printed on.
That may be well true involving drivers and teams, but contracts between the teams and the FIA and circuits and FOM are a completely different animal. Toyota's decision to withdraw from the sport with immediate effect was not made in a day, so why did they sign the Concorde Agreement? Little changed in the period between the signature and the announcement. I have no issue with a penalty for a complete breach here.

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I don't know how it works in Europe but in the US contracts such as this are traditionally very hard to enforce. What are the damages? Who has standing to sue? Does the contract spell out specific performance damages or penalties? If it does why is the FIA stalling by "contemplating" a penalty amount? Basically with another team waiting to take Toyota's spot the question in my mind is:

What did FIA, FOTA, the tracks, sponsers, or others DO on the belief that Toyota would be in F1 2010 that they would not have otherwise done if they knew that Toyota would not be in F1 2010?

If the answer is "nothing" or "nothing that will be wasted if Sauber F1 replaces Toyota" then the FIA is blowing smoke.

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Bernie is behind this to pad his pocket more.

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Proof or substantiation of damages is not required in a contract breach. Performance of duties, or lack there of, is sufficient to trigger a remedy or penalty clause.

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I would imagine that the team was set up as a shell corporation for liability concerns. If there is no money in the shell, all Bernie may get is the sound of the ocean.