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EffieBlack

(14,249 posts)
87. The whole thing strikes me as odd
Wed Mar 7, 2018, 06:41 PM
Mar 2018

Or, as you so perfectly put it - "there's all kinds of goofy in this thing."

I don't think the lack of signature necessarily affects anything if there's other evidence of an agreement, which there seems to be here. But, as I said in another post, that actually puts Trump in a difficult position. Usually the lack of signature is used by the person who didn't sign it to prove they're not bound in order to get out of it. I've never seen anyone argue that the lack of signature by the OTHER party invalidates a contract.

If she claims he didn't sign the contract so it's not binding, what is HIS response? Does he claim that he IS a party to the contract? And if he does, how does he then claim that he never had a sexual relationship with her? Or does he claim he didn't have nuthin to do with nuthin and, thus, agree with her that the contract isn't binding on him?

It would be difficult for him to try to split it down the middle, claiming that he didn't sign the contract, but, he's still a party to it and oh by the way, he's going to enforce the contract against her to keep her from breaching the promises she made in a contract he wasn't party to?

Aside from that just sounding stupid, I suspect the court might find that he can't have it both ways - that it's very possible he didn't sign the contract in order to leave himself an out to later claim that he wasn't a party to it if it got out. If he could have claimed that the contract wasn't binding on him because he didn't sign it, it would be difficult for him to argue that it's binding on her, even though he didn't sign it. One way to gauge that would be for the court to review other similar agreements to see if he signed those.

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Does Stormy have a good case? [View all] Beakybird Mar 2018 OP
I don't know.......I would hope so Angry Dragon Mar 2018 #1
Yeah she might have a bit of a problem having taken and kept the money unblock Mar 2018 #2
I think you're right EffieBlack Mar 2018 #4
right, her story is now worth millions, presumably enough to pay donnie off. unblock Mar 2018 #9
Agree EffieBlack Mar 2018 #12
the argument that the lawyer blabbing makes the whole contract null and void worries me. unblock Mar 2018 #14
She would have needed a macro lens with bellows. PCIntern Mar 2018 #22
Or a zoom lens lunatica Mar 2018 #24
needed enid602 Mar 2018 #41
Just curious here IF the contract was between her and tRUMP and bluestarone Mar 2018 #42
The parties to the contract are identified at the top of it jberryhill Mar 2018 #52
TY for that. My thought was bluestarone Mar 2018 #57
The contract does not require Trump to pay jberryhill Mar 2018 #60
Gotcha TY bluestarone Mar 2018 #61
I saw some speculation that Trump cant claim shes hurt him by blabbing-only the LLC can? bettyellen Mar 2018 #101
The loser is Cohen, who is out $130,000 louis-t Mar 2018 #56
Indeed. Cohen signed and not Trump to insulate Trump. Used his own money, remember? Fred Sanders Mar 2018 #102
Also, aren't there rules against lawyers self-dealing? TomCADem Mar 2018 #13
Maybe the money was just for the movie they made. dchill Mar 2018 #26
Where did news get that contract copy? It looked like it might be her copy before Laura PourMeADrink Mar 2018 #53
indeed. i have many early drafts of contracts that are missing signatures. unblock Mar 2018 #55
I went online to find the original non-disclosure agreement - thinking I missed Laura PourMeADrink Mar 2018 #66
Here it is EffieBlack Mar 2018 #68
Thank you SO much Effie ! Didn't read every single word ...but couple thoughts Laura PourMeADrink Mar 2018 #80
These are GREAT questions! EffieBlack Mar 2018 #85
IMHO, electronic copies are tangible jberryhill Mar 2018 #91
Yes, but once she turns them over to Trump, then what? EffieBlack Mar 2018 #93
Yes, section 2.3 jberryhill Mar 2018 #95
Got it - thanks! EffieBlack Mar 2018 #98
Odd sentence. E-copies that can not be transferred.. Laura PourMeADrink Mar 2018 #106
The contract is very badly written EffieBlack Mar 2018 #112
I was wondering - what struck me - as a complete novice - is there any legal Laura PourMeADrink Mar 2018 #113
They obviously were not in equal bargaining positions EffieBlack Mar 2018 #114
She had legal counsel jberryhill Mar 2018 #115
Section 2.3 jberryhill Mar 2018 #94
It was attached to the complaint that Daniels' lawyers filed EffieBlack Mar 2018 #104
An attorney can bind his or her client. Cary Mar 2018 #78
I havent read the full complaint jberryhill Mar 2018 #3
I think Trump was supposed to be a party to the contract EffieBlack Mar 2018 #5
Here are the complaint and contract EffieBlack Mar 2018 #6
Well that's not entirely accurate jberryhill Mar 2018 #54
It is completely accurate EffieBlack Mar 2018 #67
It's not relevant to the claim being made jberryhill Mar 2018 #71
I'm not going to argue with you EffieBlack Mar 2018 #74
Well that's great jberryhill Mar 2018 #76
Hey, jberryhill PJMcK Mar 2018 #79
Since I never said that a missing signature renders a contract null and void EffieBlack Mar 2018 #81
Fair enough jberryhill Mar 2018 #83
The whole thing strikes me as odd EffieBlack Mar 2018 #87
I think we have a new data point jberryhill Mar 2018 #90
Interesting idea EffieBlack Mar 2018 #92
It's John Edwards all over again, too jberryhill Mar 2018 #96
If Trump Is Now Denying That He Even Knew of the Contract... TomCADem Mar 2018 #11
Exactly! EffieBlack Mar 2018 #70
Your last sentence doesn't go in the quote - right? I agree though - literally - how Laura PourMeADrink Mar 2018 #82
guess it makes sense in a hush money contract to make it between parties other than the primary ones unblock Mar 2018 #7
The last one is easy jberryhill Mar 2018 #8
The agreement lists several names of people who already have the information pnwmom Mar 2018 #21
Depends jberryhill Mar 2018 #25
If he didn't sign it because he wasn't aware of it, that wouldn't be relevant? kcr Mar 2018 #39
By its own terms, it says it can be signed in duplicate counterparts jberryhill Mar 2018 #43
How much does she have to pay if she violates it? MattP Mar 2018 #10
The contract says $1 million PER BREACH, which could get pretty steep EffieBlack Mar 2018 #16
Post removed Post removed Mar 2018 #15
If it was just a private payoff between Cohen & Daniels, would Trump's name be required? TheBlackAdder Mar 2018 #17
I don't know but if... duforsure Mar 2018 #18
Seems her best approach... NCTraveler Mar 2018 #19
Not sure if the missing handcock Funtatlaguy Mar 2018 #20
One question is how many copies exist? Lee-Lee Mar 2018 #23
Yeah notice this... jberryhill Mar 2018 #28
My hunch is this is just calculated publicly for her Lee-Lee Mar 2018 #29
The thing is jberryhill Mar 2018 #31
Is the only basis of the lawsuit that Trump didn't sign it? Sanity Claws Mar 2018 #27
i hope she keeps this in the news 24/7 day & night so America can be proud of their 'president' spanone Mar 2018 #30
Hasn't she argued that Cohen violated the agreement? Bad Thoughts Mar 2018 #32
Not in this complaint, no jberryhill Mar 2018 #33
Isn't this kind of thing blackmail? Cartoonist Mar 2018 #34
No jberryhill Mar 2018 #35
So what's the diff Cartoonist Mar 2018 #40
Depends on what definition you are using jberryhill Mar 2018 #107
Thanks for the clarity Cartoonist Mar 2018 #109
I have no idea what you are asking jberryhill Mar 2018 #110
I would imagine her case must be decent if the attorney filed the lawsuit titaniumsalute Mar 2018 #36
Attorney may have filed it to gain leverage in arbitration Hamlette Mar 2018 #62
Probably not; she took the money. Spider Jerusalem Mar 2018 #37
Can a lawyer sign a contract as the agent of his/her client? Iggo Mar 2018 #38
It's somewhat irrelevant jberryhill Mar 2018 #48
I really don't care. I just want her to bloody Trump. Blue_true Mar 2018 #44
I think Stormy's case is extremely weak Jersey Devil Mar 2018 #45
Cohen's LLC is a contracted party anyway jberryhill Mar 2018 #49
You're correct about the Statute of Frauds generally, but there's a wrinkle here. EffieBlack Mar 2018 #69
Lots of wrinkles! Thanks for pointing them out! n/t pnwmom Mar 2018 #77
What do you think about her two alternative reasons for voiding the contract, pnwmom Mar 2018 #75
She's got (dic?) pics workinclasszero Mar 2018 #46
She has a very good attorney Gothmog Mar 2018 #47
As a general rule jberryhill Mar 2018 #50
This attorney was top of his class at a good law school Gothmog Mar 2018 #64
Who cares if she has a good case. I just underthematrix Mar 2018 #51
he never uses email huh. at least I have never heard of him sending one. I still Laura PourMeADrink Mar 2018 #58
It was all via text messages underthematrix Mar 2018 #59
No. She should crowd source $130,000, buy herself out of the contract and tell us all. Hamlette Mar 2018 #63
The contract requires her to pay $1 million PER BREACH, which could really add up EffieBlack Mar 2018 #72
She must have been desperate marlakay Mar 2018 #97
Perhaps, like most people, she thought he would lose EffieBlack Mar 2018 #99
The buyout is not 130k jberryhill Mar 2018 #73
She has him cornered. Either he stays silent or admits the NDA was about him. tinrobot Mar 2018 #65
We have a winner here! misanthrope Mar 2018 #84
Exactly EffieBlack Mar 2018 #88
They are claiming they won in arbitration. With a restraint order GusBob Mar 2018 #86
Depends on what the restraining order actually restrained EffieBlack Mar 2018 #89
Doesn't matter. The trumpists and Reich Wing will only yawn. kairos12 Mar 2018 #100
Had she turned down the $130K lapfog_1 Mar 2018 #103
She's got him boxed in pretty good EffieBlack Mar 2018 #105
She is spineless Motownman78 Mar 2018 #108
Her objective is not "saving America" from anything jberryhill Mar 2018 #111
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