"We all have a lot of 'primas' (Female cousin). We have a bunch of cousins. Those motherfuckers don't even know what a condom is"Banzoin Hakka

Discord Degeneracy (And Degeneracy in general) Containment Zone

CalciumAnimal

Drink Milk
Joined:  Feb 24, 2023
They get enforced every day. They're difficult to enforce if the other party denies it and you don't have proof the agreement actually took place, such as them mentioning it at a later date, witnesses to the conversation, or a recording. Something you said in front of hundreds of viewers, for which a recording likely exists and can be got at during discovery even if the VoD was privated? Yeah no way you're going to "he said she said" your way out of that one.
you don't need to by that logic everything you say ever is legally binding ifi say im gonna loan my mom 40$ and then sleep all day forgetting to pay her she cant sue me for all my stuff that's really stupid.

Anyone in a legal profession relying entirely on an oral agreement is desperate even me with my limited study was told this repeatedly by my friends teachers and other students.

I suppose I could have phrased it better in the first place ill admit to that but even with actual cash being involved this is not something you can act on and realistically get a favorable outcome.
 

famous artist pipkun

Well-known member
Mindflayer and Master Baiter
Joined:  Jun 5, 2023
you don't need to by that logic everything you say ever is legally binding ifi say im gonna loan my mom 40$ and then sleep all day forgetting to pay her she cant sue me for all my stuff that's really stupid.

Anyone in a legal profession relying entirely on an oral agreement is desperate even me with my limited study was told this repeatedly by my friends teachers and other students.

I suppose I could have phrased it better in the first place ill admit to that but even with actual cash being involved this is not something you can act on and realistically get a favorable outcome.
theres a picture and a video recording
 

CalciumAnimal

Drink Milk
Joined:  Feb 24, 2023

Thomas Talus

Εκ λόγου άλλος εκβαίνει λόγος
Early Adopter
Joined:  Sep 15, 2022
A breach of contract claim requires an offer, acceptance, material breach, and damages that result from the breach.

Let's assume that the NSFW work being one* of the stretch goals constitutes and offer, that your donation constitutes acceptance, and not providing the pron is a breach. *I think this is important in a case like this.

Is the breach actually material? Does it go to the heart of the bargain? There were a bunch of goals. If you made your donation before that goal was reached, there was no guarantee that it would ever be reached; if you made it afterwards, then your donation wasn't needed to secure the nsfw, so that can't be the primary reason for your providing the consideration.

What are your damages? You might have a hard time claiming economic damages for the reasons discussed supra. And are you really going to try and claim non-economic damages from not being able to see a lewd? I don't think loss of consortium is going to cut it. You're going to get laughed out of court.

That's not getting into possible defenses like failure of condition subsequent.
 

Hff201

Pippa Fan, Failed Normalfriend
Early Adopter
Joined:  Sep 13, 2022
This conversation's still going, huh
 

Nenélove

Chief Commissar of Holochistan
Early Adopter
Nene's Pet Latinx
Latinx/Latine
Joined:  Sep 16, 2022
This conversation's still going, huh
As a servant of the law, this entire premise makes me revolted at the travesties the deranged lunatics I rub shoulders with on a daily basis get up to, bastardizing her righteous hand for their own twisted means.
 

Titanosaurus

Well-known member
Early Adopter
Joined:  Sep 12, 2022
What are your damages?
Your honor it made Shiina upset and she got IBS and didn't sleep enough, so let me give Fishman a Singapore caning to teach him a lesson so he'll deal with shit like he should instead of letting the talents clean up the mess.
:annoyedpippa:🏏:fishmandispair:
This conversation's still going, huh
It's outlasted my interest by over a page now. I still think management should make a post cleanly laying out the issue and what they're doing. It costs them nothing and could alleviate some stress off Shiina.
 

CalciumAnimal

Drink Milk
Joined:  Feb 24, 2023
I suspect they are weighing their options whatever the actual reason for the pull 90% sure they know they can't just leti t pass like a big company might especially with shiina promising scarves made of her blood.

Refund if the bare minimum acceptable here or at least reimbursement of some sort.
 

RestlessRain

Well-known member
Early Adopter
Joined:  Sep 21, 2022

famous artist pipkun

Well-known member
Mindflayer and Master Baiter
Joined:  Jun 5, 2023
A breach of contract claim requires an offer, acceptance, material breach, and damages that result from the breach.

Let's assume that the NSFW work being one* of the stretch goals constitutes and offer, that your donation constitutes acceptance, and not providing the pron is a breach. *I think this is important in a case like this.

Is the breach actually material? Does it go to the heart of the bargain? There were a bunch of goals. If you made your donation before that goal was reached, there was no guarantee that it would ever be reached; if you made it afterwards, then your donation wasn't needed to secure the nsfw, so that can't be the primary reason for your providing the consideration.

What are your damages? You might have a hard time claiming economic damages for the reasons discussed supra. And are you really going to try and claim non-economic damages from not being able to see a lewd? I don't think loss of consortium is going to cut it. You're going to get laughed out of court.

That's not getting into possible defenses like failure of condition subsequent.
why are you going to small claims court? its far easier to wield the might of the state and use the numerous consumer protection laws to get what you want, and an aspiring AG, DA could get an easy win over streamer donathons. as far as i know, no one has a recieved a shiina scarf either.
 

Brosnan Pierce Brosnan

God's Strongest Smartass
Dizzy's Husband
Joined:  Apr 4, 2023
Haram

Screenshot_20230914-125620_Chrome.jpg

Yabai
 

Sithis

Dread Father
Early Adopter
Joined:  Sep 16, 2022
Katta seems to be feeling better :smugrys:
Be sure to buy some vtuber bathwater to celebrate her graduation (the good kind)
Screenshot_20230914-173704-131.png
 
Last edited:

Towle

Well-known member
Joined:  Jul 20, 2023
Thumbnails you phoneposting yamamba whore.

Does that look readable to you?
eeh.png
 
Last edited:

Nenélove

Chief Commissar of Holochistan
Early Adopter
Nene's Pet Latinx
Latinx/Latine
Joined:  Sep 16, 2022

Towle

Well-known member
Joined:  Jul 20, 2023
Apologies for using browser which didn't cuck extensions too much.
yet...
 

BlueSharkTV

Fucking Riggers
Early Adopter
Yuria's Husband
Joined:  Sep 10, 2022
Apparently her OF has already been cataloged by the usual site. She has videos of doing exactly what you'd expect.
she's a proper ethot, she has a video of her tits out using pasties and rubbing her tits on a glass table, some other shit but no genitals afaik but she did dryhump a bodypillow, i don't even know who she is, but i looked her up and she's a whore. :BijouBijou:
 

God's Strongest Dragoon

Well-known member
Joined:  Mar 20, 2023
she's a proper ethot, she has a video of her tits out using pasties and rubbing her tits on a glass table, some other shit but no genitals afaik but she did dryhump a bodypillow, i don't even know who she is, but i looked her up and she's a whore. :BijouBijou:
She has videos of her getting boned doggystyle and another where she gets fucked by a dildo machine. Actual whore. :WHORE!!!: Funny thing is that apparently she censors her tits and pussy like it's a fucking JAV, so fucking weird. :BijouBijou:
 

Superduper Samurai

Well-known member
Early Adopter
Joined:  Sep 10, 2022
She has videos of her getting boned doggystyle and another where she gets fucked by a dildo machine. Actual whore. :WHORE!!!: Funny thing is that apparently she censors her tits and pussy like it's a fucking JAV, so fucking weird. :BijouBijou:
They do that so you pay up more money for the uncensored variant
 

Titanosaurus

Well-known member
Early Adopter
Joined:  Sep 12, 2022
Last edited:

Nenélove

Chief Commissar of Holochistan
Early Adopter
Nene's Pet Latinx
Latinx/Latine
Joined:  Sep 16, 2022
Top Bottom