Photo: YouTube screenshot
As you probably know, Ford Motor Company and WWE and Hollywood (as well as Internet memes) star John Cena are involved in a lawsuit filed by the former against the latter.
The reason for this fallout between the two is Cena's decision to sell the Ford GT hypercar he had bought from Ford after just two weeks or so of ownership. Normally, there wouldn't be anything wrong with that - you buy a car, it's yours, so you can do whatever you want with it.
Except the Ford GT was different. The carmaker only intends to build 1,000 of them, so getting one involved sending an application, and if Ford thought you were worthy, it would allow you the right to wire $460,000 into the company's accounts in exchange for the keys to the hypercar. If Ferrari can do it, why couldn't Ford?
Those lucky enough to be selected would also be required to sign a contract. In a day when terms of use are usually dispatched with a click of the mouse, it's easy to understand how some people might not bother to read through the contract. But we doubt Ford let John Cena get in his new car without forcing him to sit there and listen to everything that paper bound him to.
Among other things, John was not to sell his car sooner than two years after receiving it. In other words, the company thought those $460,000 could come accompanied by a two-year deal of Cena serving as its brand ambassador. Well, it's not like they pulled the money out of his pocket, he agreed to it, so it's all fair play.
Now that Cena "flipped" the GT for a profit, Ford allegedly tried to solve the situation amicably (no idea how exactly the company thought that would go. Perhaps convince the buyer to return the car?), but to no avail. Now, they will see each other in court.
However, all this could have been avoided had Ford's contract been more carefully crafted. For one thing, the carmaker could have included a clause that would have essentially nullified the sale. They obviously thought what Cena did was a possibility, then why didn't they defend against it better? It's not like suing somebody like Cena, who is generally seen as a "good guy," is doing the company's image any service.
And then there's the company's claim for damages, which are so vague and subjective, they are impossible to calculate. A simple inclusion of a liquidated damages claim would have made things a lot simpler for everyone involved - not to mention scare the hell out of any buyer if it were something like a few million dollars.
Cena selling the Ford GT was what caused Ford to react, but the need for a lawsuit was all Ford's legal department's fault. We're pretty sure buyers will be shown a different contract from now on - unless Ford's legal department is paid by the hour, in which case the existing one is just perfect.
Except the Ford GT was different. The carmaker only intends to build 1,000 of them, so getting one involved sending an application, and if Ford thought you were worthy, it would allow you the right to wire $460,000 into the company's accounts in exchange for the keys to the hypercar. If Ferrari can do it, why couldn't Ford?
Those lucky enough to be selected would also be required to sign a contract. In a day when terms of use are usually dispatched with a click of the mouse, it's easy to understand how some people might not bother to read through the contract. But we doubt Ford let John Cena get in his new car without forcing him to sit there and listen to everything that paper bound him to.
Among other things, John was not to sell his car sooner than two years after receiving it. In other words, the company thought those $460,000 could come accompanied by a two-year deal of Cena serving as its brand ambassador. Well, it's not like they pulled the money out of his pocket, he agreed to it, so it's all fair play.
Now that Cena "flipped" the GT for a profit, Ford allegedly tried to solve the situation amicably (no idea how exactly the company thought that would go. Perhaps convince the buyer to return the car?), but to no avail. Now, they will see each other in court.
However, all this could have been avoided had Ford's contract been more carefully crafted. For one thing, the carmaker could have included a clause that would have essentially nullified the sale. They obviously thought what Cena did was a possibility, then why didn't they defend against it better? It's not like suing somebody like Cena, who is generally seen as a "good guy," is doing the company's image any service.
And then there's the company's claim for damages, which are so vague and subjective, they are impossible to calculate. A simple inclusion of a liquidated damages claim would have made things a lot simpler for everyone involved - not to mention scare the hell out of any buyer if it were something like a few million dollars.
Cena selling the Ford GT was what caused Ford to react, but the need for a lawsuit was all Ford's legal department's fault. We're pretty sure buyers will be shown a different contract from now on - unless Ford's legal department is paid by the hour, in which case the existing one is just perfect.
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