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Breach of farking contract? What the HELL. Show me the document and we'll talk.
If she's willing to throw her entire life into upheaval for a man, she needs to understand there are consequences to that decision.
Sorry, but if you're dating a guy for five years, then move away, THEN get proposed to, then throw away everything you've worked for to go be a house wife, then you're an anti-feminist and you deserve whatever's coming to you.
I hope an appeals court overturns this. Seriously egregious.
So SHE moved to Pensacola, SHE chose to quit her job and move back in with him. Now SHE won't take any personal responsibility for her actions and expects to get compensated? How much debt exactly was she in?
"He changed his mind for no good reason," said Shell.
ElChango:So SHE moved to Pensacola, SHE chose to quit her job and move back in with him. Now SHE won't take any personal responsibility for her actions and expects to get compensated? How much debt exactly was she in?
He made her a financial offer, gave her a down payment, she accepted and quit her job and moved to take up the position, then 2 days before the offered position was to begin he rescinded the offer without cause. She's suing for breach of contract. Seems reasonable to me.
Yeah... she's such a looker - I don't know why he called it off.
And this is but another reason for men to never want to get married. Had it been the other way around - meaning she dumped him - could he sue her for to hire prostitutes? Having called off the wedding, he's gonna be without p*ssy - so why should she fork over the do-ray-me so he can go out and pay for it?
I heard this on the radio yesterday. It was a Hall County court, (which is pretty po dunk for being in the Metro Atlanta area.) From hearing what a couple of the jurors said on the radio (ie they were harrased into siding with her by another juror) it will likely get tossed on appeal.
Since when did a relationship turn into a verbal contract before marriage? If she had so much to lose, she should have made HIM move, not the reverse just to be a housewife.
OK, this is why nobody should ever watch 11 Alive news, or read their website. When the story first broke on WSB-TV, the facts of the case were: the man backed out of the marriage when he found out the woman had serious credit problems... in other words HE was going to have to pay her past debts. He'd already paid $30,000 of her bills and spent lavishly on her during the dating process.
As was mentioned above, she made the conscious decision to quit her job and move back to Gainesville, GA.
The jury that heard this case was made up of farktards... it will more than likely get tossed on appeal.
Do you not like his music or the Bonnaroo "fiasco?" Genuine question because I'm about to see him on the last day of Lolla.
If it's just Bonnaroo, then I'm ok with it. I went to the first one ... people didn't play anywhere close to on schedule, people started some gigs at 5:30a.m., (I recall a particularly awesome Particle show that started just before dawn), and nobody really cared. Of course the media wasn't covering it like they do now, so maybe the whole "fiasco" was generated by them.
"He callously allowed her to quit her job, move back and into his house where she had no income and then after a couple of months he just put her out on the streets and said 'you know you're on your own',"
WTF. I can find a job in a couple of months no problem, I found a nice salaried position in that same city in 3 days when I moved there. What it sounds like is she thought that she found someone to freeload off of and now she's crying because he decided she was a lazy biatch.
My fiance and I talked about this very story this morning, I thought the ruling was farking ridiculous, he thought it was fair, verbal contract, blah blah blah. I'm glad there's lots of coverage on this, now everyone knows to steer clear of her.
Shell's lawyer, former Hall County District Attorney Lydia Sartain, successfully argued before a jury that Gibbs owed Shell what she'd lost in salary plus pain and suffering.
"He callously allowed her to quit her job, move back and into his house where she had no income and then after a couple of months he just put her out on the streets and said 'you know you're on your own'," said Sartain.
Wow. Allowed her to quit her job? So she finally finds someone desperate enough to marry her hag ass, quits work to lie on the sofa all day, then has the gall to sue him when he doesn't want to marry her skank ass? AND SHE WINS!?!
/thank gawd i's gay; you straight people are crazy
Shell says when he said he wasn't interested in marriage she moved to Pensacola, Florida and started a lucrative new job earning $81,000 a year plus bonuses and benefits. Then Gibbs showed up.
"He asked me to marry him. He gave me a ring and I gave up my life and my career and I came back to Gainesville. He told me he would pay my bills, that we would be married by the holidays and we would live happily ever after. I believed him," said Shell.
Hmmmmmm....funny how he didn't chase after her until she started making mega-cash. Sounds like he was looking for a sugar-momma, but was doing it wrong.
Shell says when he said he wasn't interested in marriage she moved to Pensacola, Florida and started a lucrative new job earning $81,000 a year plus bonuses and benefits. Then Gibbs showed up.
"He asked me to marry him. He gave me a ring and I gave up my life and my career and I came back to Gainesville. He told me he would pay my bills, that we would be married by the holidays and we would live happily ever after. I believed him," said Shell.
Hmmmmmm....funny how he didn't chase after her until she started making mega-cash. Sounds like he was looking for a sugar-momma, but was doing it wrong.
80k is not mega cash. And by the sounds of it he has mega cash and she is a lazy biatch.
ShavethewhalesI'd like to see the law on this, Texas has specifically ruled that engagement is not a contract and you can't be sued for calling it off.
I only skimmed the article- so take this with a grain of salt- but my impression was that her lawsuit was more for promissory estoppel. She changed her life & left her job based upon the promise that he would marry her & care for her. That's a valid reason to request damages.
Daffydil:Damn! She only dated him for 5 years!?! I've been with the guy I'm screwing for 11! Suppose I could sue him and get some of that six figure income?
LeafyGreens:/thank gawd i's gay; you straight peoplewomen are crazy
Guys are only crazy in that we pursue women... but as a gay man I'm sure you can still appreciate how frustrating it is to have a male sex drive with only lunatics to choose from.
And yes, guys are nuts too - we're just nuts in a simple, brutal, lazy, predictable manner.
I've now officially lost all faith in personal responsibility.
Speaking of which, anyone know a good sleazy lawyer who will represent me against Pfizer? I've got a hell of a good case for pain and emotional distress.
Yeah_Right:Daffydil: Damn! She only dated him for 5 years!?! I've been with the guy I'm screwing for 11! Suppose I could sue him and get some of that six figure income?
I live in Hall County (getting a kick, etc.) and this doesn't surprise me. I also know and worked with said plaintiff/digger and it surprises me even less. She and her beliefs in entitlements aren't strangers, believe me.
I'd like to know what kind of farktards were on this jury and what possible instructions the judge could have given them before deliberations.
While I'm against gold digging, I think this is legit. He convinced her to give up her job with the understanding he would take care of her. There are genuine damages.
I agree with mofomisfit and impaler. Until they are married, there is no contract in eyes of the law.
Ask any woman whose "Perogative it is to change their mind".
I wish every woman that has ever stood me up or flaked on me ... for that matter allowed me to take them to dinner, movies, etc only to find out they were already in a relatioship (some married!) would be obligated to compensate me for wasting my time and resources.
I hope it's like the McDonalds hot-coffee lawsuit where the amount of damages isn't debated in the inital suit, but only on the appeal. The McDonalds coffee woman got $7million in the initial suit, but it was appealed down to only $250,000 or so (she paid her lawyers and medical bills out of that).
Rory B. Bellows:DrowningLessons: Women: can't live with 'em...can't live with 'emAnd sheep can't cook.
That is going to be my new tag line on my email at home that is so good. Thank you if I start to think about getting married again I will notify all of you so you can talk me out of it
What's the statute of limitations on this? Just because you say "Uh sure" just to get some got danged sleep, is that a contract? The next morning I was "It was swell but I have to go be a secret agent. I'll call you if I live through this assignment. You'll know I failed if the U S is plunged in to permanent winter by Senor Frio the Counter Mexican Terrorist who hates everything warm (bad tortilla as a child), then I have failed my mission. Oh yeah. You might see someone that looks like me driving a courier truck around. That's not me. Don't approach him."
Hmm....hard to say which side to take. He did get her to give up her career and life and move back to live with him and then dumped her....totally an asshat move on his part. BUT, I hate the idea of marriage being a contract in the sense that one party can sue the other for breach of that contract. If that is true, then all the men whose wives turn to cold fish and don't put out should be able to sue for breach of contract as well. Also, the men that don't get the ring back after the woman breaks off the engagement should be able to sue too.
casey17 - Hmmmmmm....funny how he didn't chase after her until she started making mega-cash.
The question of whether $81k is "mega-cash" aside, he apparently asked her to move back to Gainesville, which meant leaving the job... How would the "mega-cash" be of any benefit to him?
Koalaesq:I only skimmed the article- so take this with a grain of salt- but my impression was that her lawsuit was more for promissory estoppel. She changed her life & left her job based upon the promise that he would marry her & care for her. That's a valid reason to request damages.
It's not promissory estoppel; it's breach of contract to marry. Georgia (and I think it's the last state to do so) allows for all the "heartbalm" torts - you can sue for someone having an affair with your spouse, or even your spouse's employer if he or she has an office romance. So a lot of interpersonal stuff that people consider outside the realm of normal lawsuits is completely legit in Georgia.
Harry Freakstorm:What's the statute of limitations on this? Just because you say "Uh sure" just to get some got danged sleep, is that a contract? The next morning I was "It was swell but I have to go be a secret agent. I'll call you if I live through this assignment. You'll know I failed if the U S is plunged in to permanent winter by Senor Frio the Counter Mexican Terrorist who hates everything warm (bad tortilla as a child), then I have failed my mission. Oh yeah. You might see someone that looks like me driving a courier truck around. That's not me. Don't approach him."
"He callously allowed her to quit her job, move back and into his house where she had no income and then after a couple of months he just put her out on the streets and said 'you know you're on your own'," said Sartain.
Bolded for emphasis. If he'd encouraged her to quit her job, TFA would've specified. But no, this woman decided that he was her new sugar daddy and owed her a livelihood in exchange for her sparkling personality and occasional access to her magical, withered pussy.
hugram:Man, this proves how much the dollar has lost in value. Just 6 months ago, you could get a pretty guido girl from NY for $5K.00. Now $150K gets you this????And you still can today
MrPedanticLawyerIt's not promissory estoppel; it's breach of contract to marry. Georgia (and I think it's the last state to do so) allows for all the "heartbalm" torts - you can sue for someone having an affair with your spouse, or even your spouse's employer if he or she has an office romance. So a lot of interpersonal stuff that people consider outside the realm of normal lawsuits is completely legit in Georgia.
No way. That's too funny. The best we got in Jersey is that you can just name the adulterer's paramour in the divorce complaint and they can respond, but that's about it.
I don't know why people keep saying "precedent," like the lawyer came up with some new idea. This has been the law in Georgia pretty much forever and was the law in the rest of the US for a hundred years or so; it's something that just hasn't been repealed, like how some states have laws against selling stuff before noon on Sunday.
Is this the thread where we say all women are gold-digging whores and the only way to deal with them is to use them and then quickly discard them like a Kleenex brand tissue?
KaponoFor3:DrowningLessons: Breach of farking contract? What the HELL. Show me the document and we'll talk.
Interesting oral contract theory -- there was consideration on both sides it appears. Odd ruling.
I am no lawyer but I am certain that oral contracts are not valid in the state of Georgia so this is interesting indeed.
I remember from the Business Law class I took years ago, a precedent that was set on women not being able to keep engagement rings if the marriage did not happen. My memory is foggy on that as well though.
I understand the whole "one is usually bigger" like when it comes to tackle but is it really that noticeable on her or am I just seeing things? One tiggle is overinflated. Is it just that picture or the padding on the bra or should I start bring a protractor?
so, she tears up the check, tears up the note, and gets to WIN????? She was compensated, and SHE CHOSE TO DO THIS!!!!! seriously, can I live it Atlanta and mooch off of her now???
FTA: "The ring Shell now keeps in that box and plans to sell. She says she hopes the next woman who receives it has a fiancé who will follow through."
Too bad for this guy that he doesn't live in Kansas. Our Supreme Court ruled in 1997 that an engagement ring is a conditional gift and that the woman has to give it back if the wedding is called off.
If the roles were reversed, many farkers (not you, necessarily) would be patting the guy on the back for wheedling money out ofnot going through with marrying a "biatch".
I went to a crappy law school in NYC so granted I don't know too much of Georgia law, but shouldn't this come under the Statute of Frauds, whereby contracts in consideration of marriage must be in writing, signed by the defendant (the lucky male escapee in this case)?
I could understand a lawsuit if they bought property together prior to the wedding or some such thing, but to be compensated for quitting her job? I could make sense of that if they had gotten married, then she quit her job, then three days after the honeymoon caught him boinking a hooker, the mailman and the pet parakeet, thereby forcing her to run for the hills, many, many miles away from the freak.
Since when did a relationship turn into a verbal contract before marriage? .
About 12,000 BC, when being engaged was as binding as being married. It's not a new type of case, it just isn't seen (much) anymore. Now they just sue for palimony.
This:LeafyGreens: /thank gawd i's gay; you straight peoplewomen are crazy
Guys are only crazy in that we pursue women... but as a gay man I'm sure you can still appreciate how frustrating it is to have a male sex drive with only lunatics to choose from.
And yes, guys are nuts too - we're just nuts in a simple, brutal, lazy, predictable manner.
THIS!!!!!
/is it really so hard to find a gay man that actually wants to date anymore?
//and isn't batshiat insane?
Eh, I don't get the gold-digging comments. Did you guys actually read the article? She broke up with him and started a new job out of state because he wouldn't commit. He comes around and says he changed his mind, and gets her to agree to marry him, and quit her job and move back to wherever he lives.
I would think that he owes here something for lost wages at the very least.
The pain and suffering part is balls though, everyone involved in a break up goes through that and they don't get jack.
MrPedanticLawyer:I don't know why people keep saying "precedent," like the lawyer came up with some new idea. This has been the law in Georgia pretty much forever and was the law in the rest of the US for a hundred years or so; it's something that just hasn't been repealed, like how some states have laws against selling stuff before noon on Sunday.
We're saying it's precedent because we've never heard of it happening before.
I dont get it marriage is a life decision between two people. Ultimatly a personal decision on each end. If one person cops out, Then there isnt much that you should be able to do about it.
The court is saying I should be able to force you to marry me or else , this is wrong on so many levels.
EVil Texan: I went to a crappy law school in NYC so granted I don't know too much of Georgia law, but shouldn't this come under the Statute of Frauds, whereby contracts in consideration of marriage must be in writing, signed by the defendant (the lucky male escapee in this case)?
The court may have found marriage to have been consideration of a contract, but probably not. And there are exceptions to the SOF that would apply here.
Daffydil:Damn! She only dated him for 5 years!?! I've been with the guy I'm screwing for 11! Suppose I could sue him and get some of that six figure income?
Brown Sauce:Why on Earth was this decided by a jury?
When you're guilty as a defendant or don't have a case as a plaintiff you request a jury trial. Since you're hoping for luck you wouldn't expect to get that from a judge that actually knows the law.
Dissociater:Eh, I don't get the gold-digging comments. Did you guys actually read the article? She broke up with him and started a new job out of state because he wouldn't commit. He comes around and says he changed his mind, and gets her to agree to marry him, and quit her job and move back to wherever he lives.
I would think that he owes here something for lost wages at the very least.
The pain and suffering part is balls though, everyone involved in a break up goes through that and they don't get jack.
Um, that article left out important parts. Like he already paid 30 grand of her debt off, and then she sprung a LOT more debt on him (I've heard anything from another 30 grand to 100 grand or so, but I don't know for sure) and when he learned this, he canceled the wedding.
She already got 30 grand out of him. You notice in the article she said "he promised he would pay all my bills" as her motivation for suing? She's trying to get out of debt, under-represented how much debt she had grossly, and he got stuck with the check.
Also promissory estoppel does not allow for pain and suffering damages, only actual damages that the guy could have expected would have come from his "promise" (i.e. lost wages and moving expenses). This is all sorts of wrong. Guy must have had Lionel Hutz as his attorney.
One big thing that isn't apparent is the exercise of her duty to mitigate her damages. See, that's a key principle in civil law in this country that many forget thinking that they can coast the rest of their lives when they're wronged by someone.
Essentially, even though she moved away and even though she was promised to be taken care of financially, when she wasn't she should have gone to get a job. By waiting five years for something that didn't come, the responsibility for her losses over that period of time is solely hers.
The ring and the payment of her debts ought to be considered gifts and not repayable unless it can be shown she fraudulently entered into this verbal agreement. That would be and typically is notoriously difficult to prove without independently-verifiable documentation or witnesses.
Why his defense attorney didn't mention any of this is beyond me. I just hope she loses the appeal and has to pay her defense attorney fees.