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#305967 - 03/13/18 07:55 PM Re: Stormy Daniels Suit: It's a Trap!! [Re: NW Ponderer]
pondering_it_all Offline
veteran

Registered: 02/27/06
Posts: 7620
Loc: North San Diego County
The part about misrepresenting assets should let Melania off the hook. I'm sure Donald did that as that the sun will rise tomorrow.

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#306009 - 03/15/18 09:07 PM Re: Stormy Daniels Suit: It's a Trap!! [Re: pondering_it_all]
NW Ponderer Offline
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Registered: 09/09/11
Posts: 15967
Although this was asked in a different thread, the issue is the clause in the Stormy Daniels "Hush" agreement for liquidated damages of $1 million per disclosure. There are several issues here that could be at play: 1) a court or arbitrator could enforce that provision as written, under the assumption that contracts are contracts, or...2) a court or arbitrator could find the provision "unconscionable" on the basis that the payment was only $130,000 so liquidated damages would be excessive (liquidated damages are disfavored in the law in many situations), or c) it could be found to be unenforceable as an "adhesion" contract - so one-sided as indicating that there was no "bargain" involved.
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A well reasoned argument is like a diamond: impervious to corruption and crystal clear - and infinitely rarer.

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#306013 - 03/16/18 02:13 AM Re: Stormy Daniels Suit: It's a Trap!! [Re: NW Ponderer]
pdx rick Offline
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Registered: 05/09/05
Posts: 40892
Loc: Puget Sound, WA
Originally Posted By: NW Ponderer
...I'm sure his lawyers were able to create pretty sophisticated terms for the pre-nup...

i dunno...Michael Cohen hasn't demonstrated much legal intelligence lately. Hmm

It is as if Michael got his JD from Cracker Jacks or Trump University.
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#306014 - 03/16/18 02:15 AM Re: Stormy Daniels Suit: It's a Trap!! [Re: NW Ponderer]
pdx rick Offline
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Registered: 05/09/05
Posts: 40892
Loc: Puget Sound, WA
Originally Posted By: NW Ponderer
Although this was asked in a different thread, the issue is the clause in the Stormy Daniels "Hush" agreement for liquidated damages of $1 million per disclosure. There are several issues here that could be at play: 1) a court or arbitrator could enforce that provision as written, under the assumption that contracts are contracts, or...2) a court or arbitrator could find the provision "unconscionable" on the basis that the payment was only $130,000 so liquidated damages would be excessive (liquidated damages are disfavored in the law in many situations), or c) it could be found to be unenforceable as an "adhesion" contract - so one-sided as indicating that there was no "bargain" involved.

Does the part that Trump never signed the NDA have any bearing at all?
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#306015 - 03/16/18 04:14 AM Re: Stormy Daniels Suit: It's a Trap!! [Re: NW Ponderer]
Jeffery J. Haas Offline


Pooh-Bah

Registered: 08/03/04
Posts: 13153
Loc: Whittier, California
Several people have volunteered to PAY the one million dollars!
So, it might not even matter.
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#306017 - 03/16/18 04:17 AM Re: Stormy Daniels Suit: It's a Trap!! [Re: pdx rick]
NW Ponderer Offline
Moderator
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Registered: 09/09/11
Posts: 15967
Originally Posted By: pdx rick

Does the part that Trump never signed the NDA have any bearing at all?
Maybe. I saw a comment today that indicated there was an "either/or clause" in the agreement that would moot the argument. I haven't reread the agreement to find that clause.
_________________________
A well reasoned argument is like a diamond: impervious to corruption and crystal clear - and infinitely rarer.

Here, as elsewhere, people are outraged at what feels like a rigged game -- an economy that won't respond, a democracy that won't listen, and a financial sector that holds all the cards. - Robert Reich

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#306019 - 03/16/18 05:58 AM Re: Stormy Daniels Suit: It's a Trap!! [Re: NW Ponderer]
pondering_it_all Offline
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Registered: 02/27/06
Posts: 7620
Loc: North San Diego County
The fact that there is a blank line with "Donald J. Trump" typed under it, suggests that they expected Trump to sign it, and more importantly made Stormy think that Trump would sign it. That suggests fraud and I think nullifies the contract. Besides, the lawyer already broke the silence agreement.

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#306031 - 03/17/18 12:57 PM Re: Stormy Daniels Suit: It's a Trap!! [Re: pondering_it_all]
logtroll Offline
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Registered: 04/26/10
Posts: 8800
Loc: New Mexico (not old Mexico)
I may have a naive understanding of contract law, but I thought contracts were bound by the signatures of the interested parties and an exchange of valuable consideration.

If Trump neither signed the contract, nor tendered consideration, how can he be damaged by a breach of contract?
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#306033 - 03/17/18 02:33 PM Re: Stormy Daniels Suit: It's a Trap!! [Re: logtroll]
logtroll Offline
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Registered: 04/26/10
Posts: 8800
Loc: New Mexico (not old Mexico)
Trump's new favorite song is playing 24/7 on his Twitter feed:

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#306036 - 03/17/18 03:58 PM Re: Stormy Daniels Suit: It's a Trap!! [Re: NW Ponderer]
pdx rick Offline
Member
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Registered: 05/09/05
Posts: 40892
Loc: Puget Sound, WA

Trump is infamous for going after people on Twitter that he perceives as attacking him. Trump has not Tweeted one iota about Stormy, thus breaking the pattern.

What's different about Stormy that Trump has remained silent? Hmm
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