What if pirate is asking for sub-accounts simply as a guarantee? What do you do if instead of paying the sub-accounts directly, you give the money to the PPT operator and the operator run away?
That makes no sense. Pirate owes the PPT operators the balance on their accounts. He can't decide he doesn't like what they might do with the money. It's none of his business.
I mean, everybody already knows the life of pirate, with his name and all. But we don't know so much about all the PPT operators. Pirate is already in a delicate situation, and in the event where pirate comes to a pay back agreement, having an operator running away with the funds is probably not going to be really helpful. Also, consider that if he's doing all this the "legal" way, filing bankruptcy and all, I don't think having strangers manipulating the assets is part of the legal processing.
He has no choice. He owes the funds to the PPT operators. He can't decide he doesn't want to pay them back and would rather pay someone else instead.
But I'm no lawyer, I only want to give another "possible" explanations.
That's outright absurd. That would be like my boss deciding to pay my mortgage instead of paying me my salary, because maybe I won't pay the bank back the money they loaned me.
I agree with Goat. Pirate's obligations are to *his* account holders.
As for the authority to settle, I would think the legal argument could be sustained that PPT holders have the authority to enter into partial settlement agreements with Pirate. However, they cannot release Pirate from liability for the damages a partial payment will do to their bond holders because they are intended third party beneficiaries. This kind of sucks for Pirate. But as I understand it, it's the law. Intended third party beneficiaries can sue for damages of a breach, even if the parties of the contract release the damages. (It's not completely clear if PPT holders are intended third party beneficiaries though, but I think they are.)
Here, Dad makes a contract with the Car Dealer to buy a new car for his daughter Lisa. Dad agrees to pay $10,000 for the car and the Car Dealer agrees to deliver the car to Lisa. Now, Lisa is not a party to the contract. Lisa did not sign anything! Lisa is simply a third party beneficiary of the contract.
The next question is whether Lisa is an "intended" third party beneficiary (where she would have rights to enforce the contract against the Car Dealer and/or Dad) or just an "incidental" third party beneficiary (where she would not have any rights to enforce the contract against the Car Dealer or Dad). In the real world, it’s often not so easy to determine whether someone is an intended or incidental third party beneficiary.
Well, let’s assume that Lisa heard about this deal and sold her current car to a friend. Lisa also spent money on new accessories for the car that she thought she was going to get. Lisa took a weekend off of work in anticipation of receiving the new car that weekend. Plus, the Car Dealer and Dad informed her that she would be getting the car. Then, the car never came and the Car Dealership failed to bring the new car to Lisa. Here, it’s pretty obvious that Lisa relied to her detriment upon the contract created by the Car Dealer and Dad to get the new car. It’s very likely that Lisa was an "intended" third party beneficiary. So, she could likely sue the Car Dealer for not sending her the car.
http://www.legalflip.com/LegalWordOfTheDay.aspx?id=23Where things get really confusing though is this -- if all PPT operators settle for a partial payment, does that make Matthew lose his bet? Does a default to an intended third party beneficiary count if the direct party agrees to a partial payment? (Again, in addition to me not having money that I can afford to lose, these kind of vague terms in the bet are the main reason I didn't accept Matthew's bet.)