Quote:
Originally Posted by joedot
Was there any contract, verbal or otherwise between viffer and deeb that deeb was paying his debt and viffer would pay him back? I am guessing no. Deeb just did it on his own and figured he would tell viffer later and viffer would pay him back. Do you think in a court of law that the judge would rule for deeb in that situation? I hardly think so. There were specific details about the debt viffer had with a 3rd party that he was trying to work out, so without speaking to viffer and getting all the details and an agreement before paying the debt was foolish, although I'm sure he had good intentions. Now deeb is just desperate because he knows he screwed up and no arbitrator would agree with him
First, as others have pointed out, debts and other obligations are assignable. These assignments go on all the time. That's why you might see "non-assignability" language in contracts to prevent you from assigning it without permission of all the parties.
Second, there seems to be a belief that parties are legally entitled to some sort of "offset" if party A owes money to party B as part of one transaction, while party B owes money to party A in a second transaction. Unless both parties agree to this offset, there is no automatic right a party has to just say something like "knock it off what I owe you." The two debts/obligations/transactions are all legally independent.
There is an obvious reason for this.
Let's say Party A claims Party B owes him 100k. Party B may agree with this, or may dispute it. The dispute might have to do with the amount, the due date, interest, or even whether the debt itself is owed.
If, as part of a separate transaction, Party B now claims Party A owes him $28,000, the same defenses exist for Party A. Party A may dispute the amount, the due date, the interest or whether the debt itself is owed.
What Party A can't do is say, "knock it off the $100k you owe me." If that
unilateral action were legally enforceable, it would operate to destroy the defenses Party B has to the claim he owes Party A the $100k.
Also, the argument that a refusal to bet on the outcome of a lawsuit or arbitration somehow operates as a reliable truthfinding mechanism is quite possibly the most absurd thing I've ever read on the internet.
As for Viffer's claim he doesn't want to give Deeb a freeroll by participating in arbitration without a bet on top of it, I would remind Viffer he has his own freeroll available. It has been claimed Deeb is slandering or libeling Viffer by accusing Viffer of not paying a debt owed. If Viffer believes such statements have been made, that they are false, and they have caused him harm, he has a freeroll defamation of character lawsuit he is free to start against Deeb. If he wins, he stands to recover far more than the amount he proposes to debt, assuming adequate proof of damage to character, and if he loses,
que sera sera.