Legal Assistance Request (2 Viewers)

Currahee Chris

Currahee Chris

Sergeant Major
Joined
Apr 24, 2007
Messages
4,776
I got into trouble- I went to Fall In- a wargaming show here in Pa and bought several toy soldiers and my wife was going to flay me alive!! I calmly told her that I would refrain from collecting for a spell. She told me "Bull***, you can't do that!!" so I signed a contract with her stipulating that if I bought any toy soldiers between now and Feb 16, 2008, I would donate $350 to our United Methodist Church. Needless to say, the Conte Roman War Galley is causing me problems and I may not be able to hold out- to all of you attorneys out there- is there anyway I can void this contract and weasel out of my $350 contingency clause??? :D:D:D

Yes- this is a true story- my wife has the agreement attached to the fridge.
 
So let me see if I have this right??? You are looking for a divorce lawyer???:p
Welcome back Chris! I guess this explains the long absence!
 
Currahee Chris said:
I got into trouble- I went to Fall In- a wargaming show here in Pa and bought several toy soldiers and my wife was going to flay me alive!! I calmly told her that I would refrain from collecting for a spell. She told me "Bull***, you can't do that!!" so I signed a contract with her stipulating that if I bought any toy soldiers between now and Feb 16, 2008, I would donate $350 to our United Methodist Church. Needless to say, the Conte Roman War Galley is causing me problems and I may not be able to hold out- to all of you attorneys out there- is there anyway I can void this contract and weasel out of my $350 contingency clause??? :D:D:D

Yes- this is a true story- my wife has the agreement attached to the fridge.
Click to expand...

Pay the $350 to the church and feel good about your contribution.

In fact so good that you should go out and celebrate and buy more Conte Romans.

Nothing like rewarding yourself for a job well done.

Carlos
 
Chris,

It's not a valid contract. Both parties to a contract must give consideration. In your case, forebearance is a classic case of consideration. However, what is she giving (other than not killing you, that is) in terms of consideration? It doesn't like there is any on her part. It is possible that her promising not to divorce you :D is consideration. However, unless she is promising to do something or not do something for your promise not to buy toy soldiers, there is no consideration and, hence, no contract. It's classic contract law 101.

Notwithtanding, I wouldn't try to pull that on her. Do what Carlos said: pay the $350.
 
How very honest of everyone.

This contract that is attached to the fridge - is it superglued there?
I'm presuming not. I'm also presuming that your wife has to sleep at some point and cannot guard the fridge door 24 hours a day. And that you have access to a box of matches (contract of course, not wife :eek:).....

Or, cough up and go on a spending spree :)
 
well your wife was threatening to flay you alive ,

Duress is the use of physical force or mental pressure by one party to make the other party agree to the contract. The use of duress makes the contract voidable by the party put under duress.:D:D:D:D
 
I suppose you could ask Santa . . . maybe even an appropriate ad in amongst her papers might make her realize that you've stuck with your bargain so far. But February really isn't that far off and you'd make a lot of points if you held out 'til then.

Al (married 42 yrs)
 
Currahee Chris said:
I got into trouble- I went to Fall In- a wargaming show here in Pa and bought several toy soldiers and my wife was going to flay me alive!! I calmly told her that I would refrain from collecting for a spell. She told me "Bull***, you can't do that!!" so I signed a contract with her stipulating that if I bought any toy soldiers between now and Feb 16, 2008, I would donate $350 to our United Methodist Church. Needless to say, the Conte Roman War Galley is causing me problems and I may not be able to hold out- to all of you attorneys out there- is there anyway I can void this contract and weasel out of my $350 contingency clause??? :D:D:D

Yes- this is a true story- my wife has the agreement attached to the fridge.
Click to expand...

Never sign a contract with your wife that has anything to do with your hobby. :eek:
Buy her a new car, fur coat dozen pair of shoes. That should get her off your back. Until next time. I've found that a trip to Ireland, Rome or London gets me out of the dog house most of the time, but not always.
You could try hiding your new TS's in with the older ones.
Some people on the forum have their TS's shipped to a mail drop or their office.
GOOD LUCK
 
jazzeum said:
Chris,

It's not a valid contract. Both parties to a contract must give consideration. In your case, forebearance is a classic case of consideration. However, what is she giving (other than not killing you, that is) in terms of consideration? It doesn't like there is any on her part. It is possible that her promising not to divorce you :D is consideration. However, unless she is promising to do something or not do something for your promise not to buy toy soldiers, there is no consideration and, hence, no contract. It's classic contract law 101.

Notwithtanding, I wouldn't try to pull that on her. Do what Carlos said: pay the $350.
Click to expand...

Brad has given you the correct legal analysis from a contract law perspective. From a matrimonial law point of view, suck it up and hold out until February (dropping hints about what you want from Santa in the interim). By proving you are stronger than your addiction, you give yourself the upper hand in future hobby related disagreements.
 
Take the thrashing like a man and spend the $350 on toy soldiers! :D:D:D

Jeff
 
Chris,

You could try to have your dealer agree to loan you the figures you want on an irrevocable agreement that he invoice you in 2008 for everything to which you end up getting in December. Technically you'd be ok if the contract with your wife specified the term 'purchase'. However, and without wishing to be in any way disparaging of the fairer sex, but technical circumventions of any agreement can often invite instant annihilation. Better to buy her something nice and bin the contract, or pay the $350 anyway and you'll feel better even if it makes the price per figure quite expensive.
 
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Louis Badolato said:
Brad has given you the correct legal analysis from a contract law perspective. From a matrimonial law point of view, suck it up and hold out until February (dropping hints about what you want from Santa in the interim). By proving you are stronger than your addiction, you give yourself the upper hand in future hobby related disagreements.
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I concur Louis. While payment to the church is noble, this "weakness" will be brought up for the rest of his life. :eek::(
 
Of COURSE the minister in the bunch has to say, "Give the $350 to the church no matter what.";)
 
HA!! I figured a lot of you guys out there would appreciate my predicament- thanks for all the kind words.

I have decided to try TRY and exercise some self control.

It was pretty funny though- one of the things I bought that got me into hot water was an AWESOME Bocage diorama piece- I set it up down on my WW2 Table. My wife went down to do the wash and I hear "WOW!!" So, while the stuff was expensive, she did love it!! She actually opened up quite a bit about my collection at that point:

"I really like the soldiers- not such a fan of the Egyptians and Greeks but I just love the WW2 stuff of yours."

BTW Simon- Yeah, you are right, I could snatch that agreememnt up and have it "disappear". I am quite sure SOMEWHERE, SOMEHOW, my wife has that thing booby trapped and it wouldn't surprise me if I were to snatch it and some spear comes flying out of the icemaker and impales me. :)))

Dutifully awaiting Feb 16th.............

CC
 
Louis Badolato said:
Brad has given you the correct legal analysis from a contract law perspective. From a matrimonial law point of view, suck it up and hold out until February (dropping hints about what you want from Santa in the interim). By proving you are stronger than your addiction, you give yourself the upper hand in future hobby related disagreements.
Click to expand...

Chris,

I'm with Louis on this one - the law won't help you here. There is an alternative................

Did I mention that I am starting collectors anonymous:rolleyes: All you have to do to kick the habit completely, is fly business class to London, we don't want you to be too tired, stay in one of our reasonably priced hotels - ($200-250 per night no breakfast should cover it), and pay a donation to the ' get these other people of the collecting habit so I can buy mine' registered charity in order to attend our course.:eek: We run annual courses so that you don't slip back and this also keeps the charity going;).

Explain this to the wife, she will understand and endorse your treatment immediately - or let you buy the ship:confused:
 
panda1gen said:
Chris,

I'm with Louis on this one - the law won't help you here. There is an alternative................

Did I mention that I am starting collectors anonymous:rolleyes: All you have to do to kick the habit completely, is fly business class to London, we don't want you to be too tired, stay in one of our reasonably priced hotels - ($200-250 per night no breakfast should cover it), and pay a donation to the ' get these other people of the collecting habit so I can buy mine' registered charity in order to attend our course.:eek: We run annual courses so that you don't slip back and this also keeps the charity going;).

Explain this to the wife, she will understand and endorse your treatment immediately - or let you buy the ship:confused:
Click to expand...

:D:D:D - Nice one Panda.
Fortunately for me, I'm in the happy position of being married to a K&C fan. Just as long as I keep her craving for SOHK under control, most of the time I can sneak almost anything else into the hoose. It'll be some Saracens next time, but then again, I've just seen the new dispatches.
Decisions, decisions.......
Best Regards
H
 
Harrytheheid said:
:D:D:D - Nice one Panda.
Fortunately for me, I'm in the happy position of being married to a K&C fan. Just as long as I keep her craving for SOHK under control, most of the time I can sneak almost anything else into the hoose. It'll be some Saracens next time, but then again, I've just seen the new dispatches.
Decisions, decisions.......
Best Regards
H
Click to expand...

Harry, happy to assist anytime....LOL....meanwhile, happy collecting to you both.:D
 
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