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

  1. #121
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    Re: Ga. Man Must Pay $50,000 After Breaking Engagement to Fiancee, Appeals Court Says

    Quote Originally Posted by PirateMk1 View Post
    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.
    Especially where there is 'consideration' on both sides, I think verbal contracts should remain enforceable. They are...they are just often hard to prove. But if it can be proven? I'd expect no less from the law.

    Consideration:

    Something of value given by both parties to a contract that induces them to enter into the agreement to exchange mutual performances.
    A promise without consideration is not a contract . . . except in those states where breach of promise is enforceable. Courts have ruled, in that case, there need be no consideration.

    When you go to your doctor, and he performs a physical, you and he have an implied contract. He will perform the physical; you will pay his reasonable fee. You don't have to sign a formal contract for that to be enforced. When your babysitter watches your kids for three 8-hour days at the $8 an hour rate you promised her . . . and you don't pay her for the third day? You have breached your verbal contract with her.

    We'd have pretty complicated lives if verbal contracts were unenforceable.

  2. #122
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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
    We'd have pretty complicated lives if verbal contracts were unenforceable.
    But life is very complicated and all the laws in the world wont prevent people from treating each other like crap.

    You can never be totally protected from being taken advantage of and both men and women have plenty of reason to believe that. In business and in relationships, people just need to not rush into things, get to know the people they're dealing with better, and use the best judgement they can. There's no magic wand...just personal responsibility for trying to protect yourself.

    I think alot of the responses here are people wanting that guy to be punished...me too but I dont think the law supports the the judge's decision. IMO she did not take nearly enough responsibility for her own decisions.
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  3. #123
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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
    But life is very complicated and all the laws in the world wont prevent people from treating each other like crap.

    You can never be totally protected from being taken advantage of and both men and women have plenty of reason to believe that. In business and in relationships, people just need to not rush into things, get to know the people they're dealing with better, and use the best judgement they can. There's no magic wand...just personal responsibility for trying to protect yourself.

    I think alot of the responses here are people wanting that guy to be punished...me too but I dont think the law supports the the judge's decision. IMO she did not take nearly enough responsibility for her own decisions.
    There's a part of me that agrees with you. She decided to give up her career and stay home. She decided to have a child with him before they were married. (They both decided, but, frankly, I put ultimate responsibility on the woman.)

    And yet. Breach of promise is against the law in their state. It's kind of end of story. He should have consulted an attorney. There were other ways he could have ended the relationship -- they'd have been ugly, but she probably wouldn't have won a lawsuit.

    I don't mind the fact that some states don't let people throw other people away. I would support it the same way if the situation were reversed. There are scum bags in this world. People with no conscience...no empathy. If they step over the line from immoral to illegal? I say, "Let 'em have it."

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

    Quote Originally Posted by cpgrad08 View Post
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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
    Especially where there is 'consideration' on both sides, I think verbal contracts should remain enforceable. They are...they are just often hard to prove. But if it can be proven? I'd expect no less from the law.

    Consideration:



    A promise without consideration is not a contract . . . except in those states where breach of promise is enforceable. Courts have ruled, in that case, there need be no consideration.

    When you go to your doctor, and he performs a physical, you and he have an implied contract. He will perform the physical; you will pay his reasonable fee. You don't have to sign a formal contract for that to be enforced. When your babysitter watches your kids for three 8-hour days at the $8 an hour rate you promised her . . . and you don't pay her for the third day? You have breached your verbal contract with her.

    We'd have pretty complicated lives if verbal contracts were unenforceable.
    True. I would tend to agree, however at what point does a verbal promise need to be written down? I would say when it goes beyond the claim you would be able to bring to small claims court.
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    Re: Ga. Man Must Pay $50,000 After Breaking Engagement to Fiancee, Appeals Court Says

    Quote Originally Posted by PirateMk1 View Post
    True. I would tend to agree, however at what point does a verbal promise need to be written down? I would say when it goes beyond the claim you would be able to bring to small claims court.
    I agree. That would be prudent. And, I'm sure, that's likely 99.9% of cases -- enforcing a written contract in regular court. Small claims court, as you point out, is something else again. But me? Probably $1,000 and I want it written down.

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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
    You don't think breach of contract should be a suable offense?
    You can only sue on breach of contract to the extent of damages. Any equity in the house, she should be able to sue for (half), and she can sue for equitable division of assets, barring a prenup or other stipulations.

    To think you can assign a punitive value on "he'd rather go balls deep on a skinnier chick" is laughable. Crap like that is why men are fools for entering marriages with women. Full risk, minimal reward.

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

    Quote Originally Posted by Henrin View Post
    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. :/
    You agreed to society when you turned 18 and decided to remain within it. One of those trappings of society is civil litigation which practically all of civilization has decided is a superior alternative to personal revenge. It's not going away, so either a)choose the existence of civil litigation by remaining within society, or b)go off the grid.

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

    Quote Originally Posted by Gipper View Post
    You can only sue on breach of contract to the extent of damages. Any equity in the house, she should be able to sue for (half), and she can sue for equitable division of assets, barring a prenup or other stipulations.

    To think you can assign a punitive value on "he'd rather go balls deep on a skinnier chick" is laughable. Crap like that is why men are fools for entering marriages with women. Full risk, minimal reward.
    He didn't assume full risk, and nobody forced him to lead someone else to think he would take care of her while withholding the fact that he was already married.

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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
    He didn't assume full risk, and nobody forced him to lead someone else to think he would take care of her while withholding the fact that he was already married.
    That falls under the realm of a "gift", and you cannot sue for breach of contract on a gift.

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