Current Topics
Another Solution
by Greger
Today at 02:48 AM
ICE - the new gestapo
by pondering_it_all
Yesterday at 11:24 PM
What Left?
by pondering_it_all
Yesterday at 11:16 PM
Justice is coming
by Jeffery J. Haas
Yesterday at 08:46 PM
RoundTable for December 2018
by pdx rick
Yesterday at 06:02 PM
Archie Moore vs Yvon Durelle, December 10, 1958
by Greger
12/14/18 04:27 PM
Judge orders porn star Stormy Daniels to pay Trump $293,000 in attorneys' fees,
by pondering_it_all
12/12/18 09:51 PM
Election Day
by NW Ponderer
12/12/18 03:42 PM
The Passing Parade: Obituaries: 2018
by Golem
12/10/18 09:15 PM
Is it too soon to be talking 2020?
by chunkstyle
12/10/18 06:37 PM
Smart watches: Need Xmas Advice for Wifey
by rporter314
12/10/18 04:32 PM
None of the Above (NOTA)
by rporter314
12/09/18 06:03 PM
Israel negotiating with Hungary on revisionist Holocaust museum
by pondering_it_all
12/07/18 11:22 PM
Brexit Eve
by NW Ponderer
12/04/18 04:26 PM
Miscellaneous humor thread
by Jeffery J. Haas
12/04/18 12:52 AM
Our political elders
by Greger
12/03/18 02:52 AM
Round table NOVEMBER 2018
by pondering_it_all
12/01/18 07:59 PM
Historic Corruption
by pondering_it_all
11/30/18 08:36 PM
Sleazy Slimeball or Slimy Sleazebag?
by Ujest Shurly
11/30/18 08:25 PM
2 million federal workers receive memo warning they can’t use the word ‘resist
by pondering_it_all
11/30/18 06:45 AM
Forum Stats
6248 Members
58 Forums
16430 Topics
283259 Posts

Max Online: 294 @ 12/06/17 12:57 AM
Google Adsense
Page 4 of 6 < 1 2 3 4 5 6 >
Topic Options
#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: 8072
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.

Top
#306009 - 03/15/18 09:07 PM Re: Stormy Daniels Suit: It's a Trap!! [Re: pondering_it_all]
NW Ponderer Offline
Moderator
Carpal Tunnel

Registered: 09/09/11
Posts: 16372
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.
_________________________
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

Top
#306013 - 03/16/18 02:13 AM Re: Stormy Daniels Suit: It's a Trap!! [Re: NW Ponderer]
pdx rick Offline
Member
Carpal Tunnel

Registered: 05/09/05
Posts: 41065
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.
_________________________
Contrarian, extraordinaire



Top
#306014 - 03/16/18 02:15 AM Re: Stormy Daniels Suit: It's a Trap!! [Re: NW Ponderer]
pdx rick Offline
Member
Carpal Tunnel

Registered: 05/09/05
Posts: 41065
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?
_________________________
Contrarian, extraordinaire



Top
#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: 13415
Loc: Whittier, California
Several people have volunteered to PAY the one million dollars!
So, it might not even matter.
_________________________
"The Left ones think I'm Right, the Right ones think I'm wrong."
Leon Russell - Magic Mirror"
https://www.youtube.com/watch?v=L-H1iQ5Y6Eg

Top
#306017 - 03/16/18 04:17 AM Re: Stormy Daniels Suit: It's a Trap!! [Re: pdx rick]
NW Ponderer Offline
Moderator
Carpal Tunnel

Registered: 09/09/11
Posts: 16372
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

Top
#306019 - 03/16/18 05:58 AM Re: Stormy Daniels Suit: It's a Trap!! [Re: NW Ponderer]
pondering_it_all Offline
veteran

Registered: 02/27/06
Posts: 8072
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.

Top
#306031 - 03/17/18 12:57 PM Re: Stormy Daniels Suit: It's a Trap!! [Re: pondering_it_all]
logtroll Offline
veteran

Registered: 04/26/10
Posts: 8912
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?
_________________________
"You can't fix a problem until you understand what the problem is." Logtroll

Top
#306033 - 03/17/18 02:33 PM Re: Stormy Daniels Suit: It's a Trap!! [Re: logtroll]
logtroll Offline
veteran

Registered: 04/26/10
Posts: 8912
Loc: New Mexico (not old Mexico)
Trump's new favorite song is playing 24/7 on his Twitter feed:

_________________________
"You can't fix a problem until you understand what the problem is." Logtroll

Top
#306036 - 03/17/18 03:58 PM Re: Stormy Daniels Suit: It's a Trap!! [Re: NW Ponderer]
pdx rick Offline
Member
Carpal Tunnel

Registered: 05/09/05
Posts: 41065
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
_________________________
Contrarian, extraordinaire



Top
Page 4 of 6 < 1 2 3 4 5 6 >

Who's Online
0 registered (), 50 Guests and 0 Spiders online.
Key: Admin, Global Mod, Mod
Newest Members
TrentonP, Nosf50, erumonej, Jensen Breck, Albertapkr
6248 Registered Users
A2