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The Magic Cafe Forum Index :: Tricky business :: Not Getting Paid-- Contract Signed With Wrong Date (6 Likes) Printer Friendly Version

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Dannydoyle
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Yes tell me you’re not a professional entertainer, without telling me, you’re not a professional entertainer.

For a contract to be legally binding it is a meeting of the minds and an agreement between two parties. Clearly, for whatever reason no matter whose fault it was there was no meeting of the minds. Therefore it is unenforceable. Also a contract is construed against the person who drew it up. Guess who that was?

If you think you can randomly file 1099 paperwork with the IRS and if you ever try this, let me know how it goes for you. It is not about if you value your time. Because if you did value your time, you wouldn’t make such a huge mistake with the IRS. The IRS job description does not include chasing down money for a contract that you messed up the dates. Plus the silliness of ruining the relationship with a repeat client is beyond goofy no matter how much you pretend to value your work.

He wouldn’t even have all the info to 1099 them! And then there is the 4 corners concept. So the information for a contract is contained within the 4 corners of the contract. You can’t just decide you’re unhappy so you impose sending them a 1099. It is a ridiculous idea. You can’t just change the contract. That is why penalties are shown in contracts.

Again it is very clear this is not what you do and for you to give this crazy and probably illegal advice is scary. It is what is worst about the internet.

It was a misunderstanding. Get over it and learn.
Danny Doyle
<BR>Semper Occultus
<BR>In a time of universal deceit, telling the truth is a revolutionary act....George Orwell
Mindpro
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Quote:
On Dec 20, 2023, WDavis wrote:
Danny,
Maybe I misunderstood the situation. Doesn't he have a contractual agreement? If so and the service was rendered, then why not?


Service was never rendered.
TomBoleware
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Quote:
On Dec 20, 2023, Dannydoyle wrote:
He can’t even prove it was their fault.


Oh I think he could in a court of law. Everything is on his side; he has a signed contract and he even showed up to do the show on that date. He clearly intended to do his part.

When you sign a contract, its a done deal. You can’t come back later and say oh I didn’t know that was in there. Too bad you should have read it. And all side verbal attachments mean nothing if it's not in writing. Anything that can be seen in a signed document is legal.

Still, if it were me, and as others have said, I would try to work something out to give them a show.

Tom
Dannydoyle
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Wanna bet?

There are some very specific reasons you can void a contract. For example a “mistake”.

There was no clear understanding between the parties.

You know nothing of context is. Please don’t continue.
Danny Doyle
<BR>Semper Occultus
<BR>In a time of universal deceit, telling the truth is a revolutionary act....George Orwell
TomBoleware
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A judge considers a signed contract as an understanding. That's what a contract is, and that's why you need to read it before you sign it.

Could they take him to court and pay less by saying oh I didn't know it was that much, I didn't read that part? No, I don't think so.

Tom
Dannydoyle
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Https://www.investopedia.com/terms/v/voi......20minor)

Why why why do you talk about things you are just not informed about? From the article. Reasons a contract can be void.

“A mistake, misrepresentation, or fraud
Undue influence or duress
One party's legal incapacity to enter a contract (e.g., a minor)”

A MISTAKE is the first one listed!!!!!!

Clearly there was a mistake. HE drafted the contract so it will be most stringently construed against him. Ugh.


This is one of those cases where you bring wrong can be very expensive if someone actually pays attention to you. Please do not continue.

You said you’d let others more experienced answer so why not just let that happen?
Danny Doyle
<BR>Semper Occultus
<BR>In a time of universal deceit, telling the truth is a revolutionary act....George Orwell
TomBoleware
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No, what can be very expensive is to make others believe that they can get out of a signed contract by shouting Mistake.

I’m sure a judge would say, they were the ones that made the mistake of not noticing the date after seeing it more than once. Sometimes mistakes are costly.

Now please stop your snide remarks towards me.

Tom
Dannydoyle
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Tom you keep saying silly things like “I’m sure…”. RIDICULOUS. You obviously have ZERO experience in contract law. I know you are the World’s Foremost Authority on EVERYTHING but give it a rest.

They agreed to a date on the phone. The contract did not represent the agreement.

Again what don’t you understand about the contract being construed in the strictest way AGAINST THE DRAFTER OF THE CONTRACT? He drafted it and HE made the mistake on the date.

Don’t give people the wrong impression about how contract law works. You clearly are not experienced in this area so just stop PLEASE. One of the legal reasons allowed to void contracts is a mistake. Just read and learn. Either way please stop.

You were going to let the more experienced help here because you don’t know about this. Remember? Just follow through for ONCE when you say something.
Danny Doyle
<BR>Semper Occultus
<BR>In a time of universal deceit, telling the truth is a revolutionary act....George Orwell
TomBoleware
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Oh Please Danny, I’ve had thousands of clients sign agreements much more complex than a simple agreement like a magician would use. I’ve also had disputes over signed agreements. Guess what always wins? The written word.

The simple agreement that we are talking about here is a one- or two-page paper highlighting the two most important things, the date the show is going to happen and the amount that’s going to be paid. Both parties sign the agreement saying this is what they agree too.

You’re assuming that HE would walk in court and say it was him that made the mistake on the date. That don't happen in the real world. Besides, we have no idea what really happen, maybe SHE changed the event date. So, for us, it's all a guess.

Anyway, maybe they got it worked out and he will check back in to let us know what happened.

Tom
Dannydoyle
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So now you’re taking him a liar.

Yes if he wants to commit perjury he can do so.

So your position is she changed the date on the contract to an incorrect date, then sent it back and pretended he did it? THAT is the story you want him to do into court with? Oh lord.

The case YOU had in your imaginary life mean nothing to this case. And no Tom it is not the written word that wins. It is the law. Which I have been providing links to for you to learn to no avail.

I don’t have any more simple language to talk to you in. A MISTAKE is a reason a contract can be void. That is the law. Try to get past what you think you know. What you think you know isn’t law. Stop giving very bad advice.
Danny Doyle
<BR>Semper Occultus
<BR>In a time of universal deceit, telling the truth is a revolutionary act....George Orwell
Mindpro
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Quote:
On Dec 21, 2023, Dannydoyle wrote:
Why why why do you talk about things you are just not informed about?

This is one of those cases where you bring wrong can be very expensive if someone actually pays attention to you. Please do not continue.

You said you’d let others more experienced answer so why not just let that happen?


I just do not get it. Why is this allowed to happen in every thread? Why do my posts get deleted yet this nonsense continues to be left, accepted, and tolerated? Why?

So many of these theories can be so costly and create more harm and damage from there.

Also, what happened to the OP?
Mindpro
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Quote:
On Dec 22, 2023, Dannydoyle wrote:
I don’t have any more simple language to talk to you in. A MISTAKE is a reason a contract can be void. That is the law. Try to get past what you think you know. What you think you know isn’t law. Stop giving very bad advice.


And not only is it not the law, it certainly is not the law as it pertains to a live entertainment service business.
Dannydoyle
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Quote:
On Dec 22, 2023, Mindpro wrote:
Quote:
On Dec 22, 2023, Dannydoyle wrote:
I don’t have any more simple language to talk to you in. A MISTAKE is a reason a contract can be void. That is the law. Try to get past what you think you know. What you think you know isn’t law. Stop giving very bad advice.


And not only is it not the law, it certainly is not the law as it pertains to a live entertainment service business.

Good point.
Danny Doyle
<BR>Semper Occultus
<BR>In a time of universal deceit, telling the truth is a revolutionary act....George Orwell
TomBoleware
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A voidable contract occurs when one of the involved parties would not have agreed to the contract originally if they had known the true nature of all of the elements of the contract prior to original acceptance.

The magician sends the agreement to the client to ‘verify’ the information is correct. Not reading something you sign is not considered a mistake in a court of law.

Do you really think She, a businessperson, would go to court and say, oh, I just signed it without reading it? I verified the date and amount was right without looking at it? And if she did read it, why didn’t she let him know. It’s her mistake, and people don’t usually get rewarded for making mistakes.

Oh, and the ‘live entertainment service business’ don’t have special judges to hear their cases. They are treated just like normal people when it comes to abiding by the law. They don’t get special privileges.

I now rest my case.
Tom
Dannydoyle
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Tom are you proving my point or your own? The first paragraph shows why it is void. She never would have agreed to the WRONG DATE! You just showed why this would be legally untenable.

HE wrote the contract so it is on him. What don’t you get about that? Yes I expect her to go to court and be honest. Courts virtually demand it. He made the mistake and admitted to it. Because otherwise we are left with her changing it to the wrong date for whatever reason which is ridiculous.

Why do you believe everyone will lie in court? Just to support you ridiculous position?

STOP! Please.

Who believes he will actually rest his case and speak no more?
Danny Doyle
<BR>Semper Occultus
<BR>In a time of universal deceit, telling the truth is a revolutionary act....George Orwell
Fedora
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So BK, how is it going? Hear back yet? This is better legal drama than judge Judy.
TomBoleware
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Danny she did agree to the date. He reached out to her several times about it, and we also have this.

Quote:
On Dec 15, 2023, BK_Magician wrote:
Never once did the client say the date was wrong. They also forgot the deposit, so reached out in October with another email titled "Magician Booking 12.10.23" which also says "I wanted to reach out about your booking on the 10th of December. I have you down for 6pm-8pm. I received the performance agreement but I was just missing the deposit to have you confirmed for the 10th". LOTS OF VERIFICATION ITS DECEMBER 10th...
She paid it via a paypal request that I sent that also said December 10th, 2023.


A wrong date defense in court would be something having a huge difference. For example the year 2043 and not the correct 2023. Something that anyone might not notice. A wrong amount defense would be a thousand dollars and not a hundred dollars.

Sorry for the rambling, just trying to keep the facts straight.

Tom
Dannydoyle
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You are twisting them to suit your nonsense uninformed opinion. Show me a legal statute that backs up anything you just said about dates and money. YOU CAN’T. It is you making up nonsense examples and nothing more.

You don’t even know enough about the law to know that once you rest your case to stop talking. So now you’re an expert? Of course you are. Nobody expects less from you.

Tom your first instinct was right. Let others with experience answer and not you. I bet you just can’t stop can you?
Danny Doyle
<BR>Semper Occultus
<BR>In a time of universal deceit, telling the truth is a revolutionary act....George Orwell
TomBoleware
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Danny my opinion is: Why should a magician even have a contract if the client can agree to it and then come back and say oh that was wrong? Now that's what I call nonsense.

Anyway, now that I've won this court case, I am out, got work to do.

Tom
Dannydoyle
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HE admits the date was miscommunicated.
M you really think you win anything?
Oh lord you are getting worse. In sure you’ll be back. You can’t help yourself.
Danny Doyle
<BR>Semper Occultus
<BR>In a time of universal deceit, telling the truth is a revolutionary act....George Orwell