Senior Smart Aleck
Join Date: Aug 2009
Location: Richmond, Virginia
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Re: Hurricane is a comin, now what???
My slip lease gives me 2 choices in the event a named storm approaches within 300 miles of the marina: 1. Haul out; 2. Leave.
It seems reasonable to me. The marina owner has a right to preserve its property from damage. If I violate the slip lease and my boat damages the dock, then I would be liable for damages. I plan to haul out. My insurance pays for half the costs of my haul out and powerwash, and my boat's bottom needs cleaning, so hauling out sounds good to me.
In Virginia, a contract can be set aside if it is unconscionable, or obtained by fraud or duress. "Unconscionable" is so unfair as to shock the conscience of the court, the kind no reasonable person would agree to at the time the contract was signed.
No one tricked me into signing, or forced me to sign, and I don't think the slip lease is so unfair as to be unconscionable. After all, I was willing to sign it while the sun was shining and the waves were calm.
I don't see why a slip lease clause requiring removal in the event of a hurricane should not be enforced. If you do not like it, keep your boat somewhere else. On a more general note, why should the government (the courts in this case) keep saving people from their own stupidity?
Last edited by jameswilson29; 08-23-2012 at 10:24 AM.