2012.01.29 15:54 xwwclf Perfect Amber Heard
2023.03.25 01:08 StepwiseUndrape574 GTA 6 Story Mode DLC: What Could Be Included?
2023.03.25 00:20 gandalfv31415 In Pirates of The Caribbean (2003-2007), Johnny Depp plays an amusing witty goofy character who gets into gun fights, fights on sand and water, and against a big bad scary villain with awesome weapons played by Bill Nighy
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2023.03.25 00:15 InsiderMemeBot LEADERBOARD: Fri, Mar 24, 2023: 07:15 PM EDT
2023.03.24 23:35 shynailgirl Johnny Depp Reveals Where He's Been Spending His Time Since the Conclusion of His Legal Battle with Amber Heard
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2023.03.24 23:13 SnooGoats8671 Third Party Beneficiaries MEGATHREAD as requested by u/Impressive_Brief_324: What we forgot. What we should have learned in Law School but didn't. And what we need to learn for AdaptiBar to finally Adapt. July takers GTFIH.
![]() | Alright here's the basic gestalt: submitted by SnooGoats8671 to GoatBarPrep [link] [comments] I attended a secret NCBE conference this Sunday in Salt Lake City about the Next Generation Bar exam I took this secret video of what they said These people are not fucking around They hate us and are plotting our downfall every second Every multiple choice trick they give us, they grow more powerful They do not want us to become lawyers and make money Alright I'm just kidding. They don't really hate us. I just like Daniel Day Lewis movies and wanted to put that in somewhere. So let's get into it: So you really thought contracts could only be between two parties huh?The NCBE is not amused by this Let's get real for a second and talk third party beneficiaries... and let's use an example like we are five years old to help us get in the right mindset. So let's say you are five years old and are playing with your friend in the park. Your mom says "Johnny July Taker... if you play well with your friend Freddy February Taker, I will buy you both ice cream." We can think of this like a contract between little Johnny July and and his mom. But now... how does Freddy February fit in? He's not directly part of the contract, but he's getting the ice cream too! The benefit of the contract is flowing towards him as well. You could even say, if you were waxing a little romantic... that perhaps the contract was intended to benefit him too. He is what we call... a THIRD PARTY BENEFICIARY. Neither Johnny or Freddy will be saved by the ice cream You might be thinking... "Goat, that was just about the dumbest and least helpful example you've ever given me. That's not even a contract. How does Freddy even enforce his rights to get the ice cream?" Don't unsubscribe just yet Okay I understand, it was simple - but stick with me for a second on this next example and I'll dial it in. Let's say Johnnys mom thinks he has been eating too much ice cream and needs to get active. So she decides to call up Aunt Sally and say "Aunt Sally, I'll clean your house if you buy little Johnny July a new bicycle!" Johnny July taker is now the third party beneficiary we spoke about before. But how can he make SURE he will get his new bicycle (i.e. how can he ensure his rights VEST). Well, we have four basic ways for a third party beneficiary to get their rights to VEST.
Before vesting happens in ANY of these four scenarios, Aunt Sally and Johnny's mom can modify or rescind the contract in ANY WAY they want, without Johnny's knowledge or input! Wait a second Goat - what happens if someone is not named in the contract, but they just receive a benefit from the contract? Can a random weirdo just enforce their rights because the contract helps them out a bit?Alright guys let's stop fucking around.We got a few scenarios: Let's run over a basic example of INTENDED beneficiaries first Scenario #1: You list your daughter as the beneficiary of your life insurance policy = BOOM. That is an INTENDED BENEFICIARY. They were NAMED, they have RIGHTS. Now let's talk about INCIDENTAL beneficiaries Scenario #2: You are building a MASSIVE pickle ball court on your yard and have a contract with the Pickleball court builders. All the old people in the neighborhood are STOKED, because they LOVE pickle ball and live right by you Then you decide to NOT build it. Can the old people in the neighborhood sue you and enforce their rights as beneficiaries? NO. They are INCIDENTAL BENEFICIARIES. They are NOT named in the contract, they have NO CONTRACTUAL RIGHTS, and they CANNOT ENFORCE THE CONTRACT. Final example: You are paying a mechanic to fix your wifes' CAR. She is an intended BENEFICIARY. Then the mechanic fucks up the repair. Can your wife's BOSS who needs her to get to work on time with the car sue the mechanic? No lmao. He is an INCIDENTAL BENEFICIARY NOT NAMED IN THE CONTRACT. YES HE'S GETTING A BENEFIT, BUT NO ONE IS DIRECTLY INTENDING TO BENEFIT HIM, SO HE CANNOT SUE. Alright Goat gang stay focused let's push through this final section Let's get into EXAMPLES of how it appears on the MBE. Example #1: RELIANCE. Remember: The MBE is obsessed with this scenario: where a third party beneficiary RELIES on two other peoples' contract and then their rights become VESTED.. Yea I read this shit, so what? Okay guys we got TWO BUSINESSMEN: Jake and Logan Paul. And they both agree to invest in your YouTube men's improvement channel: Becoming an Alpha Male. They both say they will give you 5 million dollars to get started on your channel. What an opportunity You go out and quit your job, purchase $4 million worth of Alpha male equipment (swords, katana's, kettlebells from Joe rogans website, Ashwaghanda root, books about eye contact) Then they decide they DON'T want to help you anymore (because you are a beta male). Are you an intended beneficiary? Did your rights vest? YES. You were an INTENDED BENEFICIARY who MATERIALLY RELIED, and therefore your rights vested and their ability to MODIFY or CHANGE the agreement ended. Once you rely = they can't change up the game on you. If a guy is obsessed with the Full Send Podcast or the NELK boys I'm staying away MBE TRICK #2: Let's say I owe the bank $10. And you tell me "Cut my grass SnooGoats, and I will pay the bank the $10 you owe." The bank learns about the deal. Bank = Intended beneficiary. We intended for them to benefit, they have knowledge and want it to happen. Boom. Easy, right? Wrong, the MBE will always hit you with a SECOND layer of trickery. This hippie whispered to me at a smoothie bar the other day "The Matrix was a documentary bro." ... I laughed, but that is how this test sometimes makes me feel. In scenario #2 they will then say this: "SnooGoats damaged your grass, and you had to pay $2 to fix it." HOW MUCH WILL THE BANK GET? The answer is $8. It's true, the bank is an intended beneficiary of the contract. But they don't JUST get the good parts of the ability to enforce the contract. They also have to deal with defenses people have against them (like the $2 deduction for fucking shit up with the grass). The bank steps into the shoes of SNOOGOATS, and they don't just get the money, they get the DRAMA too. They get DEFENSES which can be asserted against them, just like they could have been asserted against me. I hope that makes sense. We'll talk more about this with "Assignment" but just be on the lookout for this type of scenario. https://preview.redd.it/g7cpxb9u6rpa1.jpg?width=765&format=pjpg&auto=webp&s=457b1bb94686d592a9f98ce0262c2f6696e62731 Scenario #3: The Incidental Beneficiary Tries to Come Up on Some Cash Okay the MBE likes to be on some really sneaky shit when they try to talk about incidental beneficiaries. They have this one problem that caught me up on the streets of AdaptiBar one lonely night all those years ago. There's this hospital right? And the hospital interviews these people to be janitors of the hospital and clean all the rooms. Didn't these guys interview to be janitors in this movie haha So the janitor service gets hired but they kind of fuck around and don't clean some of the patients rooms. Then one of the super narcy main character patients tries to SUE and is like "wait a second... the whole purpose of this contract was FOR ME. THEY FAILED TO CLEAN MY ROOM IN THE HOSPITAL AND THAT IS WHY THEY EXIST. I AM SUING AS AN INTENDED BENEFICIARY, THIS IS BULLSHIT. So are they an intended beneficiary? NO. Nothing in the problem said that the patient was an intended beneficiary. What if the cleaning service was just to benefit the staff? Or keep the hospital clean for investors who they want to show off to? I mean the patient could have been the intended beneficiary but they actually have to say it IN THE DAMN PROBLEM and the rights have to VEST like... this shit has to be CLEAR. The problems will make it very obvious but then try to trick you into some type of logical fallacy like here where they make you think the ONLY thing they could have intended was to benefit the patients. But it doesn't matter WHO YOU THINK IS INTENDED my young 3L. IF THEY DON'T SAY IT IN THE PROBLEM THAT THIS IS EXACTLY WHAT THEY WANTED, THEY SHALL NOT BE INTENDED. NCBE back at their old tricks again The Final Scenario #4: Goddamn this contracts material is boring as hell Okay so the last "trick" we should note is that sometimes they play around a little with the timelines. They'll say some slick shit like Bob borrowed $5,000 from the bank 20 years ago then declared bankruptcy. 20 years later, Bob sold Tim his T.V. and in return for it, Tim agreed "to pay $5,000 in satisfaction of Bob's earlier debt to the bank." The bank learns about the deal between Bob and Tim... can they bring an action and sue to get the $5,000? And you're sitting there just blown away on the MBE like... "damn, is there some time limit to this shit? Is there some weirdass exception involving bankruptcy I didn't know? Damn... I shouldn't have taken BarBri those little shits." The answer is this is totally fine. This is just a straight up intended beneficiary problem. The bank's rights have vested because they have knowledge and are SUING. Remember, this was our fourth example of the final way their rights could vest?! Knowledge + SUING. There's no time limit or weird rule, this is just a straight up intended beneficiary problem. Okay guys that's it, so just to go over the simple stuff we need to remember one more time: INTENDED BENEFICIARIES = ACTUALLY INTENDED AND MENTIONED IN THE PROBLEM INCIDENTAL = RANDOM FREELOADERS TRYING TO CASH OUT WHO NOBODY MENTIONED IN THE MBE PROBLEM FOUR WAYS TO VEST KNOWLEDGE + ASSENT KNOWLEDGE + RELIANCE KNOWLEDGE + EXPRESS TERM KNOWLEDGE + SUING PEOPLE ABOUT IT Put that in your outline and PROSPER my young July gang. I feel like a proud father teaching you guys sometimes. How I feel when you guys get a problem wrong on UWorld Hope you guys understood some of that Hope everyone is having a dope Friday! ENJOY THE WEEKEND. - Goat |
2023.03.24 22:27 Its_Alive_74 The full text message exchange between Amber Heard and Stephen Deuters about Johnny Depp kicking her on the Boston plane flight. Uploaded here for the sake of convenience and ease of access. (Taken from Nick Wallis's live tweet coverage of the UK trial, accessed through his website.)
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2023.03.24 22:23 UsedCicada9696 Bridgette Starts a Motorcycle Gang
2023.03.24 22:14 Cultist902 The “Johnny Depp Trial” muffin recipe from Goldilocks Kitchen
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2023.03.24 21:45 SummerAndTinkles Tom Kenny discusses the show's popularity with autistic children
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2023.03.24 21:12 StepwiseUndrape574 GTA 6 Story Mode DLC: What Could Be Included?
2023.03.24 20:28 TheDeadlySixSucks Need Opponents for our lovable Fry Cook Sea Sponge, SpongeBob SquarePants! (Please Provide Connections and don't suggest the characters on the list ATM)
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