Quote:
Originally Posted by Saintpower
Question : ( asking this regarding a friend,who is the stakee )
-Can a staker do something to the stakee if there isnt an agreement singed or made. Just convo's talking about a stake and where the staker then sends money to the stakee ?
Accepting the money after a conversation about being staked would indicate acceptance of whatever terms had been discussed. While this would depend on the exact circumstances and contents of the discussions, the only ways to be certain that there was not such an agreement was for the recipient to have either A) sent back the money, or B) sent a message indicating that he is not accepting the terms, but is holding the money until such time as they either reach an agreement, determined that they would not reach an agreement, or the money is requested back. When he began playing with the money, he definitely accepted the terms discussed.
Contracts can be formed both directly by verbal or written agreement, or by implied agreement (actions). By accepting the money and then playing with it the stakee has accepted the agreement discussed.
Quote:
Originally Posted by Saintpower
-Can the staker ask for a full refund ( MU included ) when the stakers demands to end the stake. ( friend got 6k, lost 4k under the stake,then couldnt play cause of problems,staker asks his 2k where then the stakee losses 1k the next day,stakee says hes going to pay back 2k but staker wants the whole 6k back,so MU included. )
What is permitted depends on the agreement which was reached between the parties involved.
A typical staking agreement forms a partnership between the backer and stakee. The backer takes on the primary financial role and the stakee is putting in time/effort/equipment/poker account/internet access/etc. The product of the partnership is divided between the partners, most commonly 50/50 (but can be any division agreed, with some legal restrictions). At the termination of the staking agreement (dissolution of the partnership) typically any current profits are split, per agreement, and the remaining funds are returned to the backer. If there are no profits at that time, then the remaining funds are provided to the backer. The backer, typically, retains no right to collect any additional funds from the stakee. However, there can be reasons that the stakee does owe some, or even all, of the money invested to the backer. Such reasons usually will revolve around a failure of the stakee to live up to the terms of the agreement, or some type of misconduct (e.g. playing above agreed stakes, taking money out for personal use, etc.). Such reasons should be detailed in the partnership contract with at least general descriptions/examples. Things that are obviously outside of the agreement do not necessarily need to be detailed (i.e. like not playing and just taking all the money).
It is also possible, although unlikely, for there to be a penalty charged against the backer for dissolving the partnership prior to the planned end of the staking agreement. However, this would have had to be in the original contract.
The request for all the money back, without specific cause based on reasons in the original contract (or misconduct by the stakee), implies that the backer is not treating this as a partnership, but as a loan. If the backer has multiple stakees, then if he is treating one stake as a loan, it can reasonably be argued that all of the staking arrangements he is in are loans. There are significant legal ramifications to having the stake be a loan instead of a partnership. The first that comes to mind is that in many jurisdictions there is a maximum interest rate set by law. Charging more than this interest rate is illegal (usury), and may be criminal (multiple different laws; in the USA both at the state and federal level depending on the interest rate charged and the jurisdiction). In addition to possible criminal liability, there is probably civil liability to charging interest above the usury limit. For instance, here in California it is possible to recover triple damages (i.e. triple the interest paid above the usury rate, under some conditions).
In the USA, the usury rate
varies from state to state and is commonly different depending on who is loaning/receiving the money and the reason the money is being loaned.
In California it is variable based on an
index, but generally 10% maximum per year for individuals.
Quote:
Originally Posted by Saintpower
-These 2 combined,whats the stand of the staker ? I mean no contract,no agreement etc,just a lot of skype convo's and emails with player reports.
Player reports are clear and obvious evidence that the player believed there was a staking agreement. Given that the terms were discussed in writing, there is, in fact, a written agreement. [I could be wrong, as it really depends on what was actually written.] However, the actions of the parties indicates that there was definitely an agreement, even if there is disagreement on the actual terms.
Quote:
Originally Posted by Saintpower
Asking this cause I tought that staker should be OK with just getting the 2k but instead he's being like too greedy for asking everything back. I mean I understand both sides but in my eyes stakers doenst have a foot to stand on ?
Unless there is something significantly unusual, then the backer is due at most the $2k. The difference between the $1k and $2k being owed depends on when and how the backer communicated that he desires the money returned. In other words, did the stakee loose the money after he knew the backer desired it returned? If so, then the $2k is owed. If the stakee did not know, and did not willfully chose not to check for communication, then the $1k is owed. It is also possible, but unlikely, that the agreement denied the backer the right to arbitrarily terminate the stake. In which case, the stakee could continue playing with the funds available and legitimately ask the backer for additional funds.
The backer could be arguing that the fact that the stakee "couldnt play cause of problems" was cause for the stakee owing the entire $6k. It is unlikely that this argument would hold up unless there were specific events which the stake was intended to cover which the stakee was unable to play. Without some penalty explicitly defined in the contract, it is much more likely that an equitable solution would be for the stakee to play some mutually agreed equivalent events, or for an equivalent amount of time (if for cash games).
I am not a lawyer, this is not legal advice.