full disclosure: here we go..

[BadChap]

I understand that Sol essentially made a public bet, but it was an offer, and you were free to make a counter offer on your own terms. This is basic contracts law that any 1st year law student knows, but I think it is also common sense.

I respectfully nominate EB to arbitrate this matter at a lovely bar in Montreal -- he'll be the referee and the two parties in question can thumb wrestle and whoever EB declares as the winner, get an hour to spend quality time with Anastasia of Euphoria at the "loser" expense, the "winner" pays for the drinks and cocktail food, and both parties share equally donations for EB to spend two hours of quality time with Anastasia of Euphoria or another lady of his desire. :lol::nod: Life will be grand again for the two parties involved and everyone in Merb village will have the greatest 2016. eace::cheer2::angel: (I consulted Judge Judy and she said this is how she would rule.) :whoo: If I were not so shackled to my life, I'd volunteer to meet you guys in Montreal and participate in such a Summit like the Beer Summit that President Obama did several years ago between a police officer and a renowned Harvard professor -- I know this instant matter has no racial overtone whatsoever but it's deserving of two Hobbyists meeting in person in Montreal and resolve any issues over the cold Montreal winter.

 

[smuler]

If you did not need the money why did I have to send it to you in advance? You told me you were broke till payday.
Why did you lie when you posted text me that you did see Rebecca but walked away when that never happened.
If you have money why did you pay me only $50 and say your girlfriend caused you to have a money shortage and you could pay me a week later.
Why is it that when I send a SP a text for an appointment that you answered the text.
I sent Mod20 pictures of your texts proving the above, hence the reason the thread was opened.
Another member sent mod 20 proof that you had free sex with a SP for a review.
Baffled that members actually believe you, I had to put up with you for a couple of months of hearing excuses like " I forgot to send the money " and the rest of it.

Sol sends Ricky the money, after Ricky says he has none. Now Ricky says, " why would I use my own money to settle a dispute between 2 men . Ricky accepts the money...no doubt about that
There is now a contract to carry out a service IMHO

But the important thing is that Ricky never sees the girl, even lies to Sol that he did see the girl . When Sol asks simple questions like, OK..describe to me where it was, what floor, what room #, Ricky says , I saw her, but she was ugly, and I didn't want to write a bad review of her..more Ricky lies

If I am correct, whether if the session was a good one, or a bad one is that Sol never expected his money back..he just wanted to know if the girl was giving the same nice service that he remembered that she provided. The only reason that Sol asked for his money back, is that the contract was never carried through until the end. SIMPLE

Then Sol ( still maybe not receiving the whole amount back, or maybe he finally did by now ), arrives in Montreal, and reaches out to another Indy for an appointment

Who shows up on the other end of the phone ?? I'll give you a guess ??

Please note that he still has never answered Sol's question about this in Post # 41

Remember, Sol just wanted to see if she had changed, maybe he should have done this himself when he arrived later during the year..but the scammer smelt the money

This IMHO, is the whole question here

The fullfillment of a contract, and the excuses/bullshit when the contract is never filled.

I'm only chiming in , as support to SOL

I guess I'm a sol shill :lol:...But at least, I'm being upfront about it from the start

If the Mods have received the proof from both parties ( texts ), let's see what the decision will be

Best Regards

Smuler

 

[EagerBeaver]

Smuler,

If you want the complete legal analysis on the facts of this case, here it is. But keep in mind this is not court and any errors in my analysis are hereby disclaimed.

Sol made an offer to enter into a contract and Ricky accepted the offer. An enforceable oral contract was formed, pursuant to which (arguably) there was no "meeting of minds" on the timing and terms of repayment. However, the failure of the meeting of the minds on this one term is not fatal to the contract, if we can divine from the intentions of the parties what the terms were inferred to be. Furthermore, even if the failure of "meeting of the minds" on one of the principal terms was vague or indefinite, Sol still can recover on an implied contract or based on the equitable legal theory of unjust enrichment.

Ricky, had he not repaid the money, could have asserted a legal defense of failure of consideration due to the consideration (a promise to have sex with an escort and review her) being meretricious and illegal. Ricky's defense fails for the following reasons: (1) the MERB court of law does not recognize the legal validity of such a defense even if a real court of law would; and (2) Ricky, under the doctrine of estoppel, would be precluded from asserting such a defense because he agreed to engage in arguably illegal behavior; and (3) the consideration, if done in an outcall setting, would (arguably) not be meretricious or illegal at all, thus defeating the defense in the first place.

However, Ricky's legal defenses, if any, are moot because he waived them by repaying the money owed under the contract.

Next comes the analysis of Sol Tee Nutz's damages, if any, for the breach of contract. Sol has been repaid. He could argue that he lost the time or interest value of the money. Ricky has a solid defense to this claim as the contract did not provide for interest, attorney's fees, or costs. Therefore judgment enters in favor of Ricky for Sol's claims of further damages on the contract.

With regard to Ricky's counterclaim for defamation/libel, truth is a defense to any cause of action for defamation. I enter judgment in favor of Sol Tee Nutz on the counterclaim. All costs are borne by the parties.

 

[Ricky bonds]

Literally the most amusing post i have ever read on merb.
Eb is now my favourite contributor to merb of all time.
May i please print a high resolution screenshot and frame it?

 

[EagerBeaver]

Literally the most amusing post i have ever read on merb.
Eb is now my favourite contributor to merb of all time.
May i please print a high resolution screenshot and frame it?

You may reprint as long as my disclaimer is included.

 

[smuler]

Eb is now my favourite contributor to merb of all time.

:thumb: :lol:

Best Regards

Smuler

 

[str8flash]

Literally the most amusing post i have ever read on merb.
Eb is now my favourite contributor to merb of all time.
May i please print a high resolution screenshot and frame it?

You better do it fast before this thread disappear forever !
Everybody seems to forget about the biggest loser in this feud : Rebecca
The poor girl didn't get her money and worst, she never got laid !

 

[EagerBeaver]

Well, I am sorry but since they put their deal on paper with both parties signature and since there was not any witnesses of their "verbal contract"... I would have voted for Ricky....When you borrow money or you do some sort of deal like this...you always have to put it on paper as evidence of the deal...if not, then too fuckin bad..

Here we are playing a game of "he said, she said" but with 2 "he" ... :lol: (which is a reliable proof that shows ladies aren't needed to do drama...)

Actually it is enforceable as a oral contract, but even if it's not in writing and there is no contract, there are legal doctrines like unjust enrichment on which Sol could have recovered.

Since I don't have what they wrote precisely I analyzed it as a handshake agreement - result is the same.

Your legal analysis isn't correct - I have sued on unjust enrichment theories many times and gotten many judgments.

 

[Ricky bonds]

You better do it fast before this thread disappear forever !
Everybody seems to forget about the biggest loser in this feud : Rebeca
The poor girl didn't get her money and worst, she never got laid !

You might be right.
And as for the "feud", its hardly a feud, and if it was a "feud", the "feud" is over as far as i'm concerned.
If the other concerned individual feels some sort of retrobution is still in order, Then my last 3 private messages still apply to him.
He knows my private number and may communicate with me.

 

[cloudsurf]

All this legal mumble jumble is over my head.
Sharia law is simpler....stone them both and be done with it

 

[Thor Jr]

All this legal mumble jumble is over my head.
Sharia law is simpler....stone them both and be done with it

Mad Max Beyond Thunder Dome.........Two men enter....................one man leave..............:whoo:


Thor Jr

 

[EagerBeaver]

There is an easy way for Ricky to resolve this and make Sol happy again without resorting to a meeting or the unpleasantries of the legal process, which is this: Ricky uses his own money, pays for a session with Rebecca, and writes an honest review. Sol gets what he wanted in the first place. Nobody is out anything- Ricky gets sex and Rebecca gets paid and Sol gets his review. Everyone is happy. And I would suggest if this does happen, that Sol buy Ricky drinks next time he is in Montreal (or dinner), shake hands, and move on.

 

[Thor Jr]

All rise, the honorable EagerBeaver residing...........You may sit down..........court is in session

Judge EB has heard all the facts and has reviewed the evidence and has made a decision based on these facts and evidence and the judgement is inconceivable differences, sentencing to follow.............

Thor Jr

 

[Ricky bonds]

There is an easy way for Ricky to resolve this and make Sol happy again without resorting to a meeting or the unpleasantries of the legal process, which is this: Ricky uses his own money, pays for a session with Rebecca, and writes an honest review. Sol gets what he wanted in the first place. Nobody is out anything- Ricky gets sex and Rebecca gets paid and Sol gets his review. Everyone is happy. And I would suggest if this does happen, that Sol buy Ricky drinks next time he is in Montreal (or dinner), shake hands, and move on.

No.
...................
But he may come to the salon and receive a therapeutic massage on the house. (There will be no further mention of the mp in public or pm until it is advertised)

 

[BadChap]

All rise, the honorable EagerBeaver residing...........You may sit down..........court is in session

Judge EB has heard all the facts and has reviewed the evidence and has made a decision based on these facts and evidence and the judgement is . . . .

Thor Jr

i second that motion.

Did Rebecca take the stand and testify or she took the 5th.

I think EB can count this matter towards his voluntary Pro Bono service to the public.

 

[Doc Holliday]

Everybody seems to forget about the biggest loser in this feud : Rebecca
The poor girl didn't get her money and worst, she never got laid !

I forgot to ask: Who is this Rebecca anyway? :noidea:

 

[Thor Jr]

I forgot to ask: Who is this Rebecca anyway? :noidea:

LMAO.............:lol: OMG, I think i cracked a rib...

Thor Jr

 

[marky1234]

Ca tourne en rond ce thread....

 

[martymtl]

quand c'Est compliqué au départ ... ca veux tout dire!

 

[UncleBob]

Tant qu'à moi, tout ça, bien c'est de " l'enculage de mouche " .

Comment faire du drama avec pas grand chose... (150$ qui ont été remboursé en bout de ligne)

Si l'incident aurait arrivé entre STN et un Merbiste avec 5 posts, on n'en aurait jamais entendu parlé...

Je vois RB un peu comme un politicien nouvellement arrivé en scène et dont les actes sont surveillés par ces détracteurs et à la moindre bavure, même mineure, il se fait ramasser