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Thread: Ga. Man Must Pay $50,000 After Breaking Engagement to Fiancee, Appeals Court Says

  1. #111
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    Re: Ga. Man Must Pay $50,000 After Breaking Engagement to Fiancee, Appeals Court Says

    Quote Originally Posted by Cardinal View Post
    What facile dodging that is. If you take the position that you should benefit from something without personally agreeing to it, then it's effectively no different than the teenager who argues that he should be able to live rent free with his parents and not have to do any chores. This belief, free of personal responsibility severely diminishes the credibility of your position. If you aren't willing to make the necessary sacrifices for your beliefs then don't expect anyone to take them very seriously. And if you can't do that then you are a parasite, pure and simple.

    Social Contract Theory*[Internet Encyclopedia of Philosophy]
    The first sentence of your article needs explaining.

    Social contract theory, nearly as old as philosophy itself, is the view that persons’ moral and/or political obligations are dependent upon a contract or agreement among them to form the society in which they live.
    So if it is dependent upon a contract or agreement being made, and yet, there is no contract or agreement made, what does that mean to the argument being laid out?

    Also failing back on Thomas Hobbes, well, that is pretty laughable considering what his theory actually was.

    According to Hobbes the laws of nature requires that human beings seek peace, and establishment of contracts is the best means of doing so. However he also concludes the hunger for power threatens the contract.

    This leads Hobbes to conclude that there must be a common power, a sovereign authority that forces the people to uphold the contract. The sovereign is to be endowed with all the individual powers and wills of all, with the authority to punish anyone who breaks its tenets. The sovereign operates through fear and the threat of punishment reinforcing the laws of nature, thus ensuring the social contract. This sovereign is an artificial person of sorts called Leviathan with the sovereignty being the soul, and the sovereign itself, being the head. Leviathan is a metaphor Hobbes uses for the state.

    Hobbes concludes that the only way to establish such a common force is for people to put all their power upon one man, or upon a group of men that makes all the wills of men one. The sovereign has the power to do whatever he deems necessary in order to protect the commonwealth. This means the rights of the people must be transferred to the sovereign in order for the duties of the sovereign to be carried out.

    There is two ways to establish this system, either through force or through agreement. According to Hobbes the later is how people rise above the harsh conditions of nature. While the former means that the sovereign assumes control through force of a group of people and if the people fail to resist they must consent. Both serve the same function and both go towards the same ends.

    Notice anything oppressive about his idea?

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    Re: Ga. Man Must Pay $50,000 After Breaking Engagement to Fiancee, Appeals Court Says

    Quote Originally Posted by Cardinal View Post
    What facile dodging that is. If you take the position that you should benefit from something without personally agreeing to it, then it's effectively no different than the teenager who argues that he should be able to live rent free with his parents and not have to do any chores. This belief, free of personal responsibility severely diminishes the credibility of your position. If you aren't willing to make the necessary sacrifices for your beliefs then don't expect anyone to take them very seriously. And if you can't do that then you are a parasite, pure and simple.

    Social Contract Theory*[Internet Encyclopedia of Philosophy]
    So anyway, do you know which one of those social contracts I apparently agreed to? The feminist one is extremely stupid and most of the others are oppressive. :/

  3. #113
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    Re: Ga. Man Must Pay $50,000 After Breaking Engagement to Fiancee, Appeals Court Says

    Quote Originally Posted by MaggieD View Post
    If you make a promise to someone and they rely on it to their financial detriment, a court may find that your promise was indeed a contract and find you liable for damages. That's the law. What you think it should be is something else again.



    When Will a Promise or Statement Be Considered a Binding Contract? - FindLaw

    Edit: Re your example of buying a house: To my knowledge, buying and/or selling real estate is the only​ contract that must be in writing to be enforced.
    My problem is this. The law quite frankly is out dated. A contract should be in writing to be enforceable, otherwise how do you know you have a contract? I don't care if its on a fricken napkin, a contract needs to be in writing. Just because I make a statement doesn't mean nor should it be binding. That said I say I am going to do things all the time which I consider binding as part and parcel of my business, but those verbal promises all have a basis is a pre-negotiated ongoing written contract. Quite frankly it is common knowledge that if you wish something to be enforced you should get it in writing, otherwise it doesn't exist. Why any attorney worth their pay couldn't get out of a verbal contract is beyond me. Why anyone would base a financial decision on a verbal promise not already backed by a existing written contract is beyond me and more to the point IMHO absolutely foolish. Please do not take my argument as advocating for asshatery or scumbaggery, but a matter of verbalizing common sense. Like I said I give my word routinely in business, I use my reliability in keeping my word in garnering an excellent reputation of reliability in keeping it, which garners me ongoing profitable business relationships. But that word I give is based always in a existing contract. To do otherwise is foolish. The other thing if the contract not in writing how do you determine what exactly the supposed contract really was, it becomes he said she said. The court for all intents and purposes may as well toss a coin.
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  4. #114
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    Re: Ga. Man Must Pay $50,000 After Breaking Engagement to Fiancee, Appeals Court Says

    Quote Originally Posted by Cardinal View Post
    It's that whole social contract thing: we give up our right to deal with dishonest scumbags by putting a bullet in their faces, and instead the government steps in to deal with those scumbags using courts instead. And before you tell me what you personally would like, keep in mind humanity decided to make that contract a looooooong time ago. However it's been enacted over the millennia we've decided as a civilization that having the ruling of courts over personal revenge is way more preferable.
    Yeah, lol. Like the guy should not have to pay to help support the child he produced just because he'd prefer to walk away. It's not just a social contract anymore, it's also legally enforced...which sadly really infuriates alot of men.
    Quote Originally Posted by Bucky View Post
    I have felt pain when I was in the womb. So when you say they are incapable of feeling pain, that is based on junk science.
    Quote Originally Posted by applejuicefool View Post
    A murderer putting a bullet through someone's brain is a medical procedure too.

  5. #115
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    Re: Ga. Man Must Pay $50,000 After Breaking Engagement to Fiancee, Appeals Court Says

    Quote Originally Posted by Lursa View Post
    Yeah, lol. Like the guy should not have to pay to help support the child he produced just because he'd prefer to walk away. It's not just a social contract anymore, it's also legally enforced...which sadly really infuriates alot of men.
    You get to telling me when you have to give birth to children you don't want. Until then, stfu.

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    Re: Ga. Man Must Pay $50,000 After Breaking Engagement to Fiancee, Appeals Court Says

    Quote Originally Posted by MaggieD View Post
    In our legal system, a promise becomes an enforceable contract when one relies on it to their financial detriment.

    Here is the decision, the counts were unjust enrichment, fraud, breach of promise to marry.


    Concerning your statement, when one relies on a promise to their detriment, that is known as Detrimental Reliance/Promissory Estoppel, and can be enforceable under certain facts, yes.

    Example, Joe is offered a job to transfer to another state, he shells out the cost of moving, etc. When he arrives he is given notice he is no longer given his job promise. Now while that is legal in the employment sense, "generally", in can be the legal basis for a Tort action, as he Relied (reliance) on the promise to his detriment.


    https://efast.gaappeals.us/download?...e-1a8e6e0d3e83

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    Re: Ga. Man Must Pay $50,000 After Breaking Engagement to Fiancee, Appeals Court Says

    Quote Originally Posted by MaggieD View Post
    Edit: Re your example of buying a house: To my knowledge, buying and/or selling real estate is the only​ contract that must be in writing to be enforced.
    The Statute of Frauds outlines this some more and mentions contracts at 500.00 or above, which I knew already.


    Statute of frauds - Wikipedia, the free encyclopedia

    Most states have abrogated these doctrines;

    2305.29 No civil liability for breach of a promise to marry, alienation of affections, or criminal conversation.

    No person shall be liable in civil damages for any breach of a promise to marry, alienation of affections, or criminal conversation, and no person shall be liable in civil damages for seduction of any person eighteen years of age or older who is not incompetent, as defined in section 2111.01 of the Revised Code.

    Effective Date: 06-26-1978

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    Re: Ga. Man Must Pay $50,000 After Breaking Engagement to Fiancee, Appeals Court Says

    Quote Originally Posted by lawboy View Post
    The Statute of Frauds outlines this some more and mentions contracts at 500.00 or above, which I knew already.


    Statute of frauds - Wikipedia, the free encyclopedia

    Most states have abrogated these doctrines;

    2305.29 No civil liability for breach of a promise to marry, alienation of affections, or criminal conversation.

    No person shall be liable in civil damages for any breach of a promise to marry, alienation of affections, or criminal conversation, and no person shall be liable in civil damages for seduction of any person eighteen years of age or older who is not incompetent, as defined in section 2111.01 of the Revised Code.

    Effective Date: 06-26-1978
    This is the most immoral law of the day.

    Everything we do is a contract. Friendships and relationships included.

    For example, when you take a cat from a pound, you actually sign a contract to provide a lifetime home. So, you not only have a human contract, you effectively have contracted with your cat.

    Now, most people are savages and contract or no contract, they will move and throw the cat on the street to die. Nobody enforces these contracts and the cats can't speak for themselves. But, really, this is why I hope there is a god because you (the person who dumped their cat) have grossly violated your contract.

    Now, when it comes to interpersonal relationships, some people think its OK to lie to obtain sex. Ha ha ha. I told the bitch I would marry her., Ha ha. But even when there is no enforcement, it is a violation. So, in those rare cases where fiscal damages can be proven, I have zero sympathy for the liar, the cheater, the breaker of contracts.

    Maybe seeing the consequences, barrels of dead cats, caused by the lying humans, has affected my way of thinking about lies. Maybe some of you think its cool, and no big deal.

    But I don't agree. This law is immoral.

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    Re: Ga. Man Must Pay $50,000 After Breaking Engagement to Fiancee, Appeals Court Says

    Quote Originally Posted by specklebang View Post

    Everything we do is a contract. .
    If you believe that true in a legal sense, should these contracts have limitations of actions if breached, how long, and for different causes, different limitations of action.

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    Re: Ga. Man Must Pay $50,000 After Breaking Engagement to Fiancee, Appeals Court Says

    Quote Originally Posted by lawboy View Post
    If you believe that true in a legal sense, should these contracts have limitations of actions if breached, how long, and for different causes, different limitations of action.
    Certainly. Why are there BILLIONS of laws? Because each event is different and requires its own definitions. Each event has different background and consequences.

    Saying "I love you" to get laid is a contract of little meaning. Saying "I love you. Have my baby. Quit your career" is a contract of much greater meaning.

    The best advice I ever got was from one of the worst people I ever met. "Don't make promises you can't keep" she said - and she was right.

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