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Old May 7, 2009 | 12:32 PM
  #3001  
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Originally Posted by Cloud35
Ok see this is the part that I hate the most. A lot of people may get suckered in the fast talking of a salesman that they don't understand their rights. I hate this. I am a law student myself and while I am no expert YET, this scenario falls under basic contract law.

Allow me to explain for those that may be unfamiliar. A contract consists of five parts:

1) Offer- the offer here is that the shop offers to build you a car making 550whp for said price. In this situation 12k-15k.

2) Acceptance- the vehicle owner agrees to the terms of the offer and accepts.

3) Consideration- there is an exchange of monies, goods, and/or service between parties. Here, the consideration is the exchange of making your vehicle produce 550whp in exchange for your money.

4) Capacity- both parties are able to enter into a contract. For example, neither party was under any duress to enter into the contract, both were of sound mind at the time of the contract, and both parties are at or above the age (normally 18) outlined by their state legislature as the appropriate age in which to enter into a contract.

5) Legality- the contract is not of an illegal nature such as a contract to sell illegal drugs.

This is just a condensed version mind you and there are many loop holes. But to me, given the previous scenario outlined by Mike, it sounds like the contract is legally binding. Therefore, the shop is under the obligation to perform his end of the contract and any change to the original terms, i.e price, are considered a breach of the contract.

In the event of a breach of contract, the vehicle owner is allowed to claim damages. Damages will and should include anything necessary to restore the damaged party to his original state before the contract was formed and may also include any consequential or punitive damages. In this scenario, that would include restoring the vehicle to its original condition before any incomplete work may or may not have been performed and any money you have spent during the process.

To add to this, that is another reason why you should not deal with someone who does not have a legitimate business with legitimate insurance or legitimate assets. Say someone were to sue a MysteriouS mechanic with none of the aforementioned items. Well the damages you can receive is limited to what assets that individual person may have and may be less than what you already have invested. So keep that in mind.

Now, this is BASIC CONTRACT LAW and applies to almost all business transactions. I am not claiming to be an expert but know that these elements are fact and general business 101 knowledge.

AND NONE OF YOU GUYS BETTER COMPARE ME TO LAWCHICK!! I WILL EAT YOUR FIRST BORN.

EDIT: I forgot, you can also sue for specific performance in lieu of reimbursement when you can have a court order the breaching party to specifically perform and uphold their end of the contract
Nice post.....its obvious that you have forgotten more than lawchick knows


Originally Posted by Motormouth
cloud35 is XKR... I know it.



Originally Posted by escobar929
cloud35 is the guy lawchich cheats off to pass his test
LMAO !!!!

Last edited by XKR; May 7, 2009 at 12:38 PM.
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Old May 7, 2009 | 05:29 PM
  #3002  
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Originally Posted by Motormouth
you know so much for someone with 16 posts.
I've only started becoming active here on my350z and only stick to the FI section mainly. This site is pretty quick and helpful with responses so I don't post if I have nothing new to contribute. I'm not much of the post ***** unlike some people. j/k
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Old May 7, 2009 | 05:50 PM
  #3003  
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Originally Posted by Cloud35
In the event of a breach of contract, the vehicle owner is allowed to claim damages. Damages will and should include anything necessary to restore the damaged party to his original state before the contract was formed and may also include any consequential or punitive damages. In this scenario, that would include restoring the vehicle to its original condition before any incomplete work may or may not have been performed and any money you have spent during the process.

To add to this, that is another reason why you should not deal with someone who does not have a legitimate business with legitimate insurance or legitimate assets. Say someone were to sue a MysteriouS mechanic with none of the aforementioned items. Well the damages you can receive is limited to what assets that individual person may have and may be less than what you already have invested. So keep that in mind.


Please someone post this on Fresh Alloy.

Edit: Oh and I'm still on this thread @ #3018

Last edited by ToastZ; May 7, 2009 at 06:06 PM.
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Old May 7, 2009 | 05:54 PM
  #3004  
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Originally Posted by Cloud35
MysteriouS


Hehehehe, someone caught on to what I typed.
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Old May 7, 2009 | 05:58 PM
  #3005  
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Originally Posted by russ713
Hehehehe, someone caught on to what I typed.
haha i wanted to cover myself in case some lawchick wanted to come in here and accuse me of libel. However, by admitting that, I would have just made his case. Oh well, not like I own anything besides debt!
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Old May 7, 2009 | 06:00 PM
  #3006  
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Originally Posted by Cloud35
haha i wanted to cover myself in case some lawchick wanted to come in here and accuse me of libel. However, by admitting that, I would have just made his case. Oh well, not like I own anything besides debt!
Hey, I don't know who this "MysteriouS" person was supposed to be in your post. I just thought you meant anyone in question.
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Old May 7, 2009 | 07:26 PM
  #3007  
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Originally Posted by Cloud35
haha i wanted to cover myself in case some lawchick wanted to come in here and accuse me of libel. However, by admitting that, I would have just made his case. Oh well, not like I own anything besides debt!
Dont worry about libel......I am sure you know more than me about that.....but MrS knows that we can prove EVERYTHING we are saying....Libel for telling the truth....NEVER HAPPEN.......MrS dont want NONA DIS !!!!
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Old May 7, 2009 | 07:44 PM
  #3008  
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Originally Posted by XKR
Dont worry about libel......I am sure you know more than me about that.....but MrS knows that we can prove EVERYTHING we are saying....Libel for telling the truth....NEVER HAPPEN.......MrS dont want NONA DIS !!!!
+ Lawchick is more of a threat to himself than anyone else. That guy can't reason his way out of a brown paper bag.
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Old May 8, 2009 | 03:30 AM
  #3009  
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Originally Posted by escobar929
cloud35 is the guy lawchich cheats off to pass his test


Cloud actually sounds like he goes to law school. Lawchick is probably doing one of those internet be a lawyer in 60 day type deals.
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Old May 8, 2009 | 10:23 AM
  #3010  
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Originally Posted by Nate76s


Cloud actually sounds like he goes to law school. Lawchick is probably doing one of those internet be a lawyer in 60 day type deals.
lol yea but he is stuck on day one
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Old May 8, 2009 | 10:32 AM
  #3011  
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LawChick is like one of those annoying Pre-paid legal people trying to get you to join their pyramid scheme
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Old May 8, 2009 | 10:53 AM
  #3012  
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Originally Posted by doug
LawChick is like one of those annoying Pre-paid legal people trying to get you to join their pyramid scheme
maybe hes just a notary
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Old May 8, 2009 | 11:37 AM
  #3013  
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I sent some Intel to John....just to show him that the party aint started yet
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Old May 8, 2009 | 01:28 PM
  #3014  
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Originally Posted by XKR
I sent some Intel to John....just to show him that the party aint started yet
How's about some intel here. The natives are getting restless. We may have to have a meeting at Little Big Horn...lol
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Old May 8, 2009 | 01:42 PM
  #3015  
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+1 I demand intelligence be provided. I must feed
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Old May 8, 2009 | 03:08 PM
  #3016  
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Originally Posted by captj3
How's about some intel here. The natives are getting restless. We may have to have a meeting at Little Big Horn...lol
Originally Posted by Motormouth
+1 I demand intelligence be provided. I must feed
trust me, this will be worth the wait...
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Old May 8, 2009 | 03:08 PM
  #3017  
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Originally Posted by XKR
Dont worry about libel......I am sure you know more than me about that.....but MrS knows that we can prove EVERYTHING we are saying....Libel for telling the truth....NEVER HAPPEN.......MrS dont want NONA DIS !!!!
While I do agree with you, those types of cases have a lot to do with the ability of the person presenting the case and since all I know about so far is through heresay, why not post some more evidence I can use?

Just so we're clear and you got the message, this is me making an indirect attempt for you to post up some more juicy tidbits!
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Old May 8, 2009 | 05:09 PM
  #3018  
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Originally Posted by USN HM 350Z
trust me, this will be worth the wait...
hopefully very soon....like today soon


i must haz!
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Old May 8, 2009 | 07:33 PM
  #3019  
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I've been following this from day one (like lote of FI junkies) and we want some info.
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Old May 8, 2009 | 08:22 PM
  #3020  
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Why does this page come up in mobile version, when everywhere else I go is normal. Please fix
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