Connect with us

Politics

Does it affect her legal case?

Published

on

Avenatti will likely argue that, with a few words, Trump has effectively sealed off any option to personally enforce the settlement agreement or the arbitration clause against Daniels. Only Essential Consultants, or “EC” can even try to enforce it. EC is the only party other than Daniels who signed the agreement, and now Trump’s response affirms that EC and Daniels were the only parties who knew of the agreement’s existence.

So why would Trump make these statements that Avenatti said indicates he is “undisciplined” and has “finally cracked”?

Because Trump’s statements also fit with the Trump/EC/Cohen theory of the case, too.

Related

That’s the beauty of contract law: The parties can take the same signed (or unsigned) agreement entered into by the parties, apply completely different principles of contract law, and arrive at completely different interpretations of the same writing. What one side calls an “undisciplined” meltdown, the other side calls a statement supporting their argument.

Trump not knowing anything about the payments fits with the defense theory of the case: Trump didn’t sign the settlement agreement because he didn’t have to in order for it to be enforceable.

To Cohen and Trump, arguably, the “and/or” provisions of the contract mean that either Trump or EC could enforce it against Daniels. Because “and/or” gives EC power equal to Trump, Trump didn’t even need to sign the agreement.

In fact, Cohen’s attorney David Schwartz recently took it a step further, and argued to CNN’s Anderson Cooper that Trump is not a “party” at all, but rather a “third party beneficiary.”

A contract, made expressly for the benefit of a non-party, may be enforced by that non-party, even if he did not sign the agreement. In that case the non-party is a “third-party beneficiary.”

So in this situation, a “donee beneficiary” is a third-party beneficiary (Trump) to whom a party to the original agreement (Cohen) intends to make a gift of the other party’s (Daniels’) performance (not speaking about the alleged tryst) under the original contract.

Third-party beneficiaries are a common feature of contract law. Indeed, most of us are either third-party beneficiaries under some contract, or we have contracted to enrich donee beneficiaries. Indeed, with just a few changes to the original agreement — like deleting the Trump signature line, which suggests he was a party, not a beneficiary — this “beneficiary” argument might have been airtight.

Is the current Daniels/EC/Trump agreement, as worded, crystal clear as to whether Trump is a party or a third-party beneficiary?

In a word: No.

Danny Cevallos is an MSNBC legal analyst. Follow @CevallosLaw on Twitter.



Source link

Politics

We can sink Sturgeon! SNP's indy dream can be crushed by tactical voting in May

Published

on

OPPONENTS of Scottish independence must vote tactically in order to thwart Nicola Sturgeon’s independence dream – with Michelle Ballantyne, leader of Reform UK Scotland, claiming any other approach will simply gift next month’s Holyrood elections to the SNP.

Source link

Continue Reading

Politics

The Bidens’ younger dog, Major, to undergo additional training after biting incidents

Published

on

WASHINGTON — The Biden family’s younger dog, Major, will undergo additional training to help him adjust to life in the White House after two biting incidents in recent weeks, a spokesman for first lady Jill Biden said Monday.

“The off-site, private training will take place in the Washington, D.C., area, and it is expected to last a few weeks,” spokesman Michael LaRosa said.

Major, who is three years old, is the younger of the Bidens’ two German shepherds and was adopted from the Delaware Humane Association. The Bidens have had their 12-year-old German shepherd, Champ, since he was a puppy.

The additional training comes after Major was involved in a pair of biting incidents at the White House and was first reported by CNN. In early March, Major nipped the hand of a Secret Service agent, causing what officials described as a “minor” injury that did not break the skin. He received training in Delaware, but then had a second nipping incident a few weeks later with a staff member on the South Lawn while leashed and on a walk.

President Joe Biden has publicly defended Major, saying his dog is protective and has been adjusting to many unfamiliar people on the grounds around the White House.

After the first incident, Biden told ABC News in an interview that he still thought Major was a good boy, but was just having a little trouble acclimating to his new surroundings.

“You turn a corner and there’s two people you don’t know at all,” Biden said. “And he moves to protect. But he’s a sweet dog.”



Source link

Continue Reading

Politics

London mayor election: Who is winning in the polls? Sadiq Khan's closest rivals

Published

on

SADIQ KHAN is leading in the polls as he goes head-to-head with Conservative candidate Shaun Bailey in the upcoming elections for London mayor. But how are his closest competitors in the race for the capital?

Source link

Continue Reading

Trending