Will this be a viable contract?

Discussion in 'Legal Issues' started by loopy62, Aug 21, 2006.

  1. #1
    I bought a link from a site here in DP and in Paypal comments when you make the payment I wrote:

    Do you guys think this is enforcable?
     
    loopy62, Aug 21, 2006 IP
  2. daboss

    daboss Guest

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    #2
    i think it's enforceable. a contract is not necessary a physical piece of signed paper.

    however, is it worth pursuing? i don't think so... ;)
     
    daboss, Aug 21, 2006 IP
  3. marketjunction

    marketjunction Well-Known Member

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    #3
    The agreement basically states what each side is receiving. The only part that might be an issue is this:

    Let's say that you bought a link for 10 months. 7 months in, the owner sells and your link comes down. Would the court say that you should have an expectation of a 100% refund when 70% of the term was completed? Keep in mind, this is a service that doesn't require 100% completion to form a working product. A comparison would be a logo. If the designer stopped 70% in, the logo is probably not usable. Of course, if the seller drops the link, he/she is breaking the agreement.

    Anyway, two parties can agree on whatever they want, but all that matters is what's allowable via the law. For instance, you could agree to be my slave for $1 a year and we could sign in blood. However, the court would not recognize that as a legal agreement.

    I don't see a problem though. One party is guaranteeing time of ad at a certain price and the other party in guaranteeing to pay for that time. If one party breaks the contract, compensation is due the other party.

    I'm not an attorney, just chatting. Good luck!
     
    marketjunction, Aug 21, 2006 IP
  4. aeiouy

    aeiouy Peon

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    #4
    I would say it is better than having put nothing in there. It always think it is a good idea to clearly spell out what is being purchased/sold when you use paypal, for a number of reasons.

    As mentioned though, enforcing it is another matter. Again, though, doing it is better than not doing it, so I see no problem.
     
    aeiouy, Aug 21, 2006 IP