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

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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
    That falls under the realm of a "gift", and you cannot sue for breach of contract on a gift.
    Where did you get the idea that it's a "gift"?

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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
    Where did you get the idea that it's a "gift"?
    It wasn't a bilateral agreement, and no exchange of goods or services were rendered. That, in legal terms, is a "gift".

    A promise of a "gift" is a unilateral agreement, and legally voidable upon any conditions desired by the gifter.

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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
    It wasn't a bilateral agreement, and no exchange of goods or services were rendered. That, in legal terms, is a "gift".

    A promise of a "gift" is a unilateral agreement, and legally voidable upon any conditions desired by the gifter.
    Not according the article: she agreed to leave her job and state and move in with him while she raised his/their children, while he would earn the money. And there was a ring.

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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
    Not according the article: she agreed to leave her job and state and move in with him while she raised his/their children, while he would earn the money. And there was a ring.
    Immaterial. Her agreeing to leave her job plays absolutely no basis upon the case. That is considered a voluntary action, because it was performed by her, under her own volition. On top of that, if she claims that he made any sort of "promise" in that regard, it's heresay and not admissable. There is no foundation of proof, unless he signed something that stated his desire to provide for her if she performed the specific action of quitting her job.

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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
    Immaterial. Her agreeing to leave her job plays absolutely no basis upon the case. That is considered a voluntary action, because it was performed by her, under her own volition. On top of that, if she claims that he made any sort of "promise" in that regard, it's heresay and not admissable. There is no foundation of proof, unless he signed something that stated his desire to provide for her if she performed the specific action of quitting her job.
    Saying it's immaterial and that it was her voluntary decision opens up every victim of scams/fraud to zero restitution under the premise that they went into the deal of their own volition. If you, as a libertarian, agree that's kosher, then you'll be on the losing side because society will never agree to that. That goes right up there with "government out of marriage" and "abolish taxes now." And in civil litigation a court is allowed to weigh the facts of the matter and deem that there was such an agreement. Which they did.

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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
    Saying it's immaterial and that it was her voluntary decision opens up every victim of scams/fraud to zero restitution under the premise that they went into the deal of their own volition. If you, as a libertarian, agree that's kosher, then you'll be on the losing side because society will never agree to that. That goes right up there with "government out of marriage" and "abolish taxes now." And in civil litigation a court is allowed to weigh the facts of the matter and deem that there was such an agreement. Which they did.
    Every relationship has risks. You can't legislate them out. Well, apparently now you can, but I'm hoping that his challenge will overturn this absurd ruling.

    The simple fact is that the courts are making a hell of a lot of assumptions, unless there are tangible facts and evidence not being released to the public. I'm half tempted to go onto WestLaw and figure it out personally.

    These courts are setting an awful precedent. It's already designed to screw men over. This just makes it worse.

    This case should fall under simple caveat emptor.

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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 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.
    Where are you getting your notions on agreement? You do not agree to be ruled by merely not moving. The idea of it is absurd. You might as well say I agreed because I was born. It makes just as much sense really.

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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
    Where are you getting your notions on agreement? You do not agree to be ruled by merely not moving. The idea of it is absurd. You might as well say I agreed because I was born. It makes just as much sense really.
    It's a mixture of communism and pro-Stasi rule.

    Appease the all-knowing eye of Sauron.

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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
    Where are you getting your notions on agreement? You do not agree to be ruled by merely not moving. The idea of it is absurd. You might as well say I agreed because I was born. It makes just as much sense really.
    "Hey man, I never asked to be born!"

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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
    It's a mixture of communism and pro-Stasi rule.

    Appease the all-knowing eye of Sauron.
    Civil litigation (which is what Henri and I were talking about) existed since the beginnings of civilization, so either civil litigation isn't communism or communism invented a time machine and set itself up at the beginning of human history.

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