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Remember - Re: Slander - Warning Summons issued !!!
Re: Slander - Warning Summons issued !!!
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Posted: 2008-03-05 17:41:35

Does anyone know that it is in fact an individual girl laying the charge? Could it not be her employer? Or even a venue who is not happy with what has been said about it?
Rand Lover
Rand Lover - Re: Slander - Warning Summons issued !!!
Re: Slander - Warning Summons issued !!!
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Posted: 2008-03-05 17:42:35

Sorry zamodels, but a verbal partnership, a sole proprietor, and a trading name are perfectly acceptable legal entities. They don't need to be registered with any statutory body. All they have to have done is traded or operated as that entity.

Any individual, partnership, proprietorship, corporation, association or other organization that has, in the eyes of the law, the capacity to make a contract or an agreement and the abilities to assume an obligation and to pay off its debts is considered to be a legal entity.

In other words, if you make a contract with 'Hotlips' and she breaks contract, you have every right to seek legal action against Mavis Smith T/A 'Hotlips'
zamodels
zamodels - Re: Slander - Warning Summons issued !!!
Re: Slander - Warning Summons issued !!!
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Posted: 2008-03-05 17:50:26

Although this is an unmoderated forum, we remove posts of people we don't like - those irritating people who just keep pushing their luck.

This guy tried his luck one too many times and got wiped.
Remember
Remember - Re: Slander - Warning Summons issued !!!
Re: Slander - Warning Summons issued !!!
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Posted: 2008-03-05 17:57:01

You are now really getting to the root of one of the main problems with this industry.

It is 'illegal' to begin with. It is to a certain extent underground. This allows for big moneys to be made and to escape taxation of any kind. The downside is that you basically have no legal recourse and no police or government protection.
zamodels
zamodels - Re: Slander - Warning Summons issued !!!
Re: Slander - Warning Summons issued !!!
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Posted: 2008-03-05 18:04:03

Although this is an unmoderated forum, we remove posts of people we don't like - those irritating people who just keep pushing their luck.

This guy tried his luck one too many times and got wiped.
ESA SUPPORT
ESA SUPPORT - Re: Slander - Warning Summons issued !!!
Re: Slander - Warning Summons issued !!!
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Posted: 2008-03-05 18:39:30

Nice try zamodels, I’m not putting my head in a hornets nest for your enjoyment.

You run your site www.dialadate.co.za in the manner that you see fit, I’m not putting myself or this business in jeopardy for an “interesting forum topic”

You are entitled to speculate all you like, and your opinion is valued and respected on this forum. As always thank you for your positive and level headed input at all times, you are an asset to this forum.

Kind Regards
Eddie
ESA SUPPORT


Utopia
Utopia - Re: Slander - Warning Summons issued !!!
Re: Slander - Warning Summons issued !!!
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Posted: 2008-03-05 18:58:15

Some pretty learned guys have given us a great run down on the legalities of this situation - Thanks for that a real lesson!

Speaking as a plain common or garden punter, frequently pissed off to see the abuse and rubbish hurled around on this forum, I'm actually quite glad that this has happened. I hope the message gets out to those guys who behave as if everyone on this forum has to be scared of their sharp tongue while they think they're smugly protected by their anonymous username.
Newmns
Newmns - Re: Slander - Warning Summons issued !!!
Re: Slander - Warning Summons issued !!!
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Posted: 2008-03-05 20:59:35

had a chat with my lawyer about something else today and mentioned this thread to him, his take is this is purely another lawyer leading their client up the garden path in order to cash in on what is going to be nothing but an expensive pay day for him.

a few problems he mentioned are

- she is using an assumed name yet would have to under the eyes of the law apply to the court under her real name, this in itself is considered deceit.

- How is she going to quantify the damages to the said assumed name.

- And what ever was said has to be disproved in order for her to have a solid case.

the last point brings into question the fact as previously stated that in the eyes of the law her profession is not legal and therefore its a case of she is cutting off her nose to spite her face and could through affidavits submitted to the court records be opening herself up criminal case as the evidence will be public record.

as for the fact that should she not manage to successfully pursue this case then she is also opening herself up to a very messy legal battle from the punter she is accusing as he is most definitely being defamed in the eyes of the public. Along the way he will incur costs and damage to family and emotional harm. He can then counter sue and she is looking at paying him off for the rest of his life.

He pointed to the Jacob Zuma case where he is suing leading media outlets, it does make it difficult for him since he is a public figure but in the similarity lies the simplicity. you need to be able to prove what damage it did to your credibility. She sadly cannot lend to the fact that since she is in an industry that is illegal, that her personal capacity has been harmed. As far as the court is concerned she is not doing legal activities so she has no right to claim against the said reputation.

As for the idea that this forum offers proof, once again her chosen profession is not legal and she is opening herself up for a legal field day. Sadly most lawyers will only think of the costs. If the punter called her by her working name he can argue he was talking about a fictitious person. Would be interesting to know what her real name vs her working name is.

Za Models is correct. a senior advocate is going to cost her R8500 roughly an hour to represent her alongside an attorney at close on R1500 an appearance, the longer it is postponed the more it will cost. Advocates charge for an entire day to appear whether it is for an ten minutes or ten hours.

As previously stated if you are willing to lose your shirt to principles then be prepared to lose your pants to costs.

Now on the other hand should the powers that be legalize this profession then it would have been a very different story. he tends to feel the punter is safer on this one with the right representation.
Newmns
Newmns - Re: Slander - Warning Summons issued !!!
Re: Slander - Warning Summons issued !!!
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Posted: 2008-03-05 21:01:29

But yes i do agree with Eddie that we should all start behaving and treating each other with a little more respect. I to have fall prey to losing it in the forum and well let this be a lesson to all because even though in all probability she is going to lose, the said punter is in for a financial and emotion roller coaster.

so to anyone i have offended i apologise formally. no harm was intended.
johan200
johan200 - Re: Slander - Warning Summons issued !!!
Re: Slander - Warning Summons issued !!!
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Posted: 2008-03-05 22:02:24

Dammit, reading this thread way too late....

Zamodels, RandLover, & Newmns provided and mentioned good arguments and points... especially about the legality of the profession. But what if she claims to only provide massages? Maybe the new boyfriend is a lawyer, maybe it is a punter who is a lawyer by profession doing a favour to the WG getting personal details using the instruments of the court, and in return get free fucks for as long as he wants.. But I aint no lawyer, so weet nie so mooi nie.

I've probably offended many a WG with feedback reports in the past, but I always only ever mentioned the truth. If a poppie had a stink pussy I wasn't scared to mention it because it was true, and admittedly, in some instances my negative reports (as any other punter's negative feedback) may have affected their business. Even additional negative info I may have supplied I always only ever mentioned it if it was the truth.

Kinda like a fictitious drugdealer known as Prince, gets upset because someone said he provides kak smack, takes offence and lay a charge...????? legality of profession?

I haven't received a summons yet, and Eddie mentioned that the oke is married, so I hope it aint me. If I'm in for a shock, let me know, I'll have to get my cunt lawyer off his fat ass to strategise my defence!!!!

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