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  1. #1
    London, England WhittleCFC's Avatar
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    Legal/law Brahs - Need your help!!!!!!

    Here’s the situation brahz…A few years ago two friends and I made up a fan page on Facebook under the name of “Stewie” the baby from Family Guy.

    After posting numerous quotes we were informed that we had breached copyrights and our rights to post on the timeline had been removed. (we can still change profile picture and cover photo)

    Anyway, 3 years on, our page has amassed 1.3 million likes and a lot of people are messaging us wanting to buy the page.

    After dismissing a few offers of around $2000, I noticed one person offering $1500 per every 100,000 likes. That is over $20,000! (Dat der pen0r was getting hard).

    I have messaged the guy who wants to buy the page a number of times and I have drawn up a written contract which he has signed electronically over a website called “echosign”

    Where do I stand legally if he has signed the contract, pays me, then realises he cannot post anything?

    Can anything come back around to me if his signature is there in black and white?

    Cliffs:

    Made Fan page on Facebook
    Had rights to post on wall removed
    Someone wants to buy it for $20,000
    Can OP get sued in the future?
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  2. #2
    Registered User Cheeseburger12's Avatar
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    Dunno how it is in the US. But over here in the Netherlands **** like this doesn't fly.

    You should've informed the guy about him not being able to post etc. Or the contract can be nullified.
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  3. #3
    Has been 'there'... Grinners's Avatar
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    How about, don't be a thief?

    You would be stealing $20,000 from him.
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  4. #4
    Thread Killer Riskoe's Avatar
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    Pretty sure that would be a breach of contract, as what he thinks he is buying, and what he is actually getting, differ significantly.
    Arguing online is like running in the special Olympics, even if you win...you're still retarded.
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  5. #5
    Banned CheekyCnt's Avatar
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    OP, that contract has about as much legal value as something written on the back of a knapkin

    absolute zero worth

    serious, law student here


    on the contrary, you can be sued for missleading information in a buis transaction
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  6. #6
    doesn't even lift crew Beauuu's Avatar
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    OP urine idiot
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  7. #7
    Winter Is Coming Kotchi's Avatar
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    3 primary requirements for contract

    Agreement - offer made made and accepted by way of signature (L’Estrange v Graucob (1934))
    Consideration - promise to provide fb page, promise to pay for it - quid pro quo (Australian Woolen Mills v The Commonwealth)
    Certain and complete - no problem here.

    You're issue, OP, is that he will fuk you up under estoppel
    --> you have made a representation that the fb page is as expected by the purchaser and induced him into believing that. Claiming that you did not make the representation is irrelevant as you had the ability to aware him of such an issue, and opted not to (ceebs citing all the cases for it...)

    to answer your question his signature means everything. However, unconscionable conduct and misrepresentation will probably leave the contract void
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  8. #8
    Thread Killer Riskoe's Avatar
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    Originally Posted by CheekyCnt View Post
    OP, that contract has about as much legal value as something written on the back of a knapkin

    absolute zero worth

    serious, law student here

    on the contrary, you can be sued for missleading information in a buis transaction
    Wasnt aware the material a contract was written on made any difference.

    Although I agree with your second point.
    Arguing online is like running in the special Olympics, even if you win...you're still retarded.
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  9. #9
    London, England WhittleCFC's Avatar
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    I have talked about it with a guy I know who studies law.

    He said in common law the contract is perfect and lawful as I stated “all remaining rights will be given to the seller”

    Would it not be in the sellers interests to ask what rights he is buying?

    However in equity law he said it could be proven that I sold the page with knowledge that I didn’t have the rights. I questioned how this could be proved, but he said anything is possible with a good barrister!

    He suggested the best option would be to visit a professional contract business and ask them how it all works. I wouldn’t mind paying £500 for the sake of getting a proper contract drawn up in order to make £13,000!

    I’m not trying to scam here, people are offering me money! I am not telling anyone to buy anything!

    Everyone is after a fast buck these days and I wondered if a contract would cover my back or not!
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  10. #10
    Registered User ActuallyLifts's Avatar
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    Originally Posted by Kotchi View Post
    3 primary requirements for contract

    Agreement - offer made made and accepted by way of signature (L’Estrange v Graucob (1934))
    Consideration - promise to provide fb page, promise to pay for it - quid pro quo (Australian Woolen Mills v The Commonwealth)
    Certain and complete - no problem here.

    You're issue, OP, is that he will fuk you up under estoppel
    --> you have made a representation that the fb page is as expected by the purchaser and induced him into believing that. Claiming that you did not make the representation is irrelevant as you had the ability to aware him of such an issue, and opted not to (ceebs citing all the cases for it...)
    What kind of poverty law class you taking brah?

    3 Primary requirements of a contract:

    Intention to be legally bound - As this is a commercial agreement (not domestic or between friends) there is automatically an intention to be legally bound, this needs to be proved otherwise by the parties. Esso Petroleum Co Ltd v Commissioners of Customs and Excise [1975]

    Consideration - Consideration does not have to be of equal value, it just has to result in the benefit to one party and a loss to another. Thomas v Thomas (1842) 2 QB 851. In this case the guy is willing to pay $20,000 in exchange for the Facebook page, which is sufficient consideration

    Agreement There is sufficient agreement as this was recorded in a written contract/deed
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  11. #11
    Registered User iradumass's Avatar
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    a lot of chitty lawyers/law students/wannabe lawyers ^
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  12. #12
    Winter Is Coming Kotchi's Avatar
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    Originally Posted by WhittleCFC View Post
    I have talked about it with a guy I know who studies law.

    He said in common law the contract is perfect and lawful as I stated “all remaining rights will be given to the seller”

    Would it not be in the sellers interests to ask what rights he is buying?

    However in equity law he said it could be proven that I sold the page with knowledge that I didn’t have the rights. I questioned how this could be proved, but he said anything is possible with a good barrister!

    He suggested the best option would be to visit a professional contract business and ask them how it all works. I wouldn’t mind paying £500 for the sake of getting a proper contract drawn up in order to make £13,000!

    I’m not trying to scam here, people are offering me money! I am not telling anyone to buy anything!

    Everyone is after a fast buck these days and I wondered if a contract would cover my back or not!
    It would be pointless getting a good contract written up. Like your mate said, under equity, anything is possible. The contract wouldn't matter here since your contract is already fine, it would be the representation that stuffs you up (and this would be estopped). You're best bet would be to talk to facebook and try get it unrestricted .
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  13. #13
    Winter Is Coming Kotchi's Avatar
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    Originally Posted by ActuallyLifts View Post
    What kind of poverty law class you taking brah?

    3 Primary requirements of a contract:

    Intention to be legally bound - As this is a commercial agreement (not domestic or between friends) there is automatically an intention to be legally bound, this needs to be proved otherwise by the parties. Esso Petroleum Co Ltd v Commissioners of Customs and Excise [1975]

    Consideration - Consideration does not have to be of equal value, it just has to result in the benefit to one party and a loss to another. Thomas v Thomas (1842) 2 QB 851. In this case the guy is willing to pay $20,000 in exchange for the Facebook page, which is sufficient consideration

    Agreement There is sufficient agreement as this was recorded in a written contract/deed
    I struggle to believe you study law since you can't comprehend what i've written... I've clearly said that the requirements of the contract have been fulfilled, he is going to have an issue under estoppel though
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  14. #14
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    Make a stipulation

    Fan page is sold "as-is"

    Make contract non negotiable
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  15. #15
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    ****ty business law student checking in, I think this would be misrepresentation.
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  16. #16
    Winter Is Coming Kotchi's Avatar
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    Originally Posted by Nikolei View Post
    ****ty business law student checking in, I think this would be misrepresentation.
    Hit the nail on the head.

    Also commerce/law student, repped
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  17. #17
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    Originally Posted by CheekyCnt View Post
    OP, that contract has about as much legal value as something written on the back of a knapkin

    absolute zero worth

    serious, law student here


    on the contrary, you can be sued for missleading information in a buis transaction
    LOL what law school do you go to? Do you even Lucy v. Zehmer?????????


    In any event, it pisses me off when people ask for free legal advice here.

    Brb paying $150k in tuition and spending 3 years of my life becoming an expert on the law so I can I give away my time for free???

    And don't say "oh, well it's only one question..." each legal question is complex and takes time researching. Time is money for attorneys.

    Say I bill out at $350/hr and it takes me 1/2hr to complete the necessary legal research and write you a letter, are you going to pay me for that?

    You don't see attorneys walking into clothing stores saying "Hey do you mind if I take this v-neck for free? It's only $20...."
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  18. #18
    London, England WhittleCFC's Avatar
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    Originally Posted by BunnyRabbs View Post
    LOL what law school do you go to? Do you even Lucy v. Zehmer?????????


    In any event, it pisses me off when people ask for free legal advice here.

    Brb paying $150k in tuition and spending 3 years of my life becoming an expert on the law so I can I give away my time for free???

    And don't say "oh, well it's only one question..." each legal question is complex and takes time researching. Time is money for attorneys.

    Say I bill out at $350/hr and it takes me 1/2hr to complete the necessary legal research and write you a letter, are you going to pay me for that?

    You don't see attorneys walking into clothing stores saying "Hey do you mind if I take this v-neck for free? It's only $20...."
    This is a forum brah, its where people come to share knowledge and ideas.

    Not everyone is CEO’ing and can afford legal advice with the possibility of making no gain at all.

    The same could be said about a personal trainer charging £50 an hour for a training session and information about nutrition.

    I still see tons of helpful people giving out advice in other sub sections of the forum for free – this is what the whole forum revolves around!

    Thanks for all your advice brosethz, think my best bet is to try and get the page de-restricted and try to sell this page legit.
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  19. #19
    Registered User iradumass's Avatar
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    Originally Posted by WhittleCFC View Post
    This is a forum brah, its where people come to share knowledge and ideas.

    Not everyone is CEO’ing and can afford legal advice with the possibility of making no gain at all.

    The same could be said about a personal trainer charging £50 an hour for a training session and information about nutrition.

    I still see tons of helpful people giving out advice in other sub sections of the forum for free – this is what the whole forum revolves around!

    Thanks for all your advice brosethz, think my best bet is to try and get the page de-restricted and try to sell this page legit.
    but who was illegally offering legal advice without being licensed?
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  20. #20
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    Originally Posted by BunnyRabbs View Post
    LOL what law school do you go to? Do you even Lucy v. Zehmer?????????


    In any event, it pisses me off when people ask for free legal advice here.

    Brb paying $150k in tuition and spending 3 years of my life becoming an expert on the law so I can I give away my time for free???

    And don't say "oh, well it's only one question..." each legal question is complex and takes time researching. Time is money for attorneys.

    Say I bill out at $350/hr and it takes me 1/2hr to complete the necessary legal research and write you a letter, are you going to pay me for that?

    You don't see attorneys walking into clothing stores saying "Hey do you mind if I take this v-neck for free? It's only $20...."
    I don't intend on bruising your ego here but you indentured yourself heavily if you took out loans for that $150,000. Not to mention all courts are de facto and have no jurisdiction unless you unwittingly put yourself in their jurisdiction by using the strawman name you were provided. You wasted 3 years learning monopoly rules brother.
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  21. #21
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    let me put this straight phaggots, US and AUS law are different
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  22. #22
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    Originally Posted by WhittleCFC View Post
    I’m not trying to scam here, people are offering me money! I am not telling anyone to buy anything!
    Except you are...

    Clearly someone buying a Facebook page would expect the usual functionality i.e. posting, unless they were told otherwise.

    You know you are trying to scam him and wonder if you can get away with it, that's why you are posting here asking this.
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