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i have refrained from getting involved in this clusterfuck. but one post on here made all the sense in the world!!!!
if gyno had deposited at a book and not been paid the bonus he would have started a thread before the many days that this guy waited,and everyone on here knows it
if gyno had deposited at a book and not been paid the bonus he would have started a thread before the many days that this guy waited,and everyone on here knows it
man. hes getting beat up bad across the street. we are humans...we forgive and forget. all this all over a lousy fukking $100. now people are brining up all kinds of shit on him. he should of just came in here from the gitgo,said he was paying the guy, swallow his pride and all would have eventually been forgotten. what a shame.
Crunch, sorry man, but you shouldn't quote the law if you don't know it.
The person that is being sued doesn't have to prove shit. The person bringing the lawsuit for libel/slander/defamation HAS TO PROVE THAT WHAT WAS SAID IS FALSE. AND HE HAS TO PROVE EITHER INTENT OR THAT SUCH STATEMENTS WERE MADE WITH RECKLESS DISREGARD FOR THEIR FALSITY.
Wow -- just read through this whole thread & I must admit -- I have enjoyed the Jibba-Crunch war more than the gyno "scam."
And for the record crunch -- jibba is right. You are dead wrong on your view of the law. You shouldn't give advice on something that you have no idea about. Also, no offense, but that website you got that ebay article from is definitely a mickey mouse site. Like jibba mentioned, that damn thing didn't even go to trial.
Anyway, my 2 cents -- Jibba is a stand-up guy and well-respected poster. For you to call him out on his career was pretty lame. But I don't know, maybe your life just sucks.
Have a nice day.
And for the record crunch -- jibba is right. You are dead wrong on your view of the law. You shouldn't give advice on something that you have no idea about. Also, no offense, but that website you got that ebay article from is definitely a mickey mouse site. Like jibba mentioned, that damn thing didn't even go to trial.
Anyway, my 2 cents -- Jibba is a stand-up guy and well-respected poster. For you to call him out on his career was pretty lame. But I don't know, maybe your life just sucks.
Have a nice day.
Must be another graduate of the Alley McBeal TV College.....
A private person must only prove you acted negligently, which is to say that a "reasonable person" would not have published the defamatory statement.
A public figure must show "actual malice" - that you published with either knowledge of falsity or in reckless disregard for the truth.
Public figure: Politicians, Actors, etc. In other words, NOT anyone here.
Yeah, the burden of proof always falls on the person bringing the lawsuit.... no shit.... but once the plaintiff proves that it was a defamatory statement made negligently.... then the burden falls on the defendant to prove that his statement was made without malice, such as copy of his medical record showing the plaintiff to indeed be infected with Hepatitis. If you have no defense, you automatically lose. Got it?
The thing is your "feel{ing}" as to when payment time was due is not
part of your agreement with Gyno, so technicly speaking he has an
indeterminate amount of time to pay you. He is not breaking his word
to you, as many here may think, by not having paid you in two or
three months.
Obviously the agreement is not necesarily binding in all circumstances,
such as, to use an obvious example, if either party passes away or
becomes permanently kidnapped & sold into Asian sex slavery.
The question then becomes, under what other circumstances is the
bargain not binding. For example if you slander him publicly on
numerous internet forums where he spends a big part of his life, by
accusing him of being a "scammer". Or if you threaten him, his
family or friends by emails, etc.
If i were him i'd take a few more days at the least to think about
when & if you will get anything but a box of BMs.
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