LOL this dude is tryna sue me now.
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'Actually...I was seein how you would respond to that. I'ma get the money up for that beat...hopefully I can work somethin on that. See...I study 'contract law' (in general). In all reality, I could take you to court right now over 'breach of contract'. You simply gave me a perfect situation by breaching. Didn't think we had a contract? Well, according to the UCC, which governs the majority of comercial transactions in this country (and throughout most of the world), and various Michigan and Federal Laws, we indeed have a contract that you consentually bound to. Remember, contracts do not necessarily require signatues, they need no 'formal' format or outline, and they can even be verbal. There are only 4 elements to a contract...
1. Mutual Consent
2. Offer and Acceptance
3. Consideration (this definition, in its legal capacity, is different from how you would normally use the word)
4. Performance and Delivery
When these 4 elements exist (in ANY situation), you have a contract. In your and my case, I offered you 'credit and promotion in exchange for up to 5 beats', you accepted that offer by posting your link. Furthermore, you IMPLIED (due to not listing any further 'points of referrence') that I then (and now) had the offer to view the samples of your instrumentals at soundclick, and choose up to 5 beats. Not simply the sample, of course, because I did in fact mention that I need 'beats for an album'. You, being a 'producer', are then contractually bound.
Sounds crazy, huh?
Well, I been studying the UCC and other contract law for over 5 years. I'm very aware of what a contract is, what to say, how to say it, etc. The funny thing is...most people probably don't even ponder upon the thought. But law is law.
http://www.expertlaw.com/library/business/contract_law.html
http://www.expertlaw.com/library/business/contract_law.html
These two sites are great for a beginner. Any true businessman either knows/studies contract law (all commercial transactions are based on SOME TYPE OF contract), or he has an attorney on retainer that deals in contract law!!!
In your and my case, I could possibly take you to court, probably would bring it to federal (due to internet, and we probably live in different states). I would file a claim against you for breach of contract, as well as file a copy of all ofour correspondence. The court would probably then have to subpena all of your personal information from soundclick, hotmail, HHC, etc. and verify that you are indeed the user. Then its all up to the courts. But the outcome would'nt be you having to give up a beat...you'd have to come off of money damages, a sort of 'punishment' fee for 'breach of contract', etc. I'd probably walk out with an extremely large judgement, and the 'breacher' may even be additionally punished by the system (jail-time?, fines?)
I've never done this to anybody, of course, but it is all there. I mean, take going to the hospital or doctor for instance (without having insurance). They later bill you for the ammount that they find appropriate. If you pay it...that's on you. If you don't, you will eventually end up in court over it. What will be there case?
There case would probably sound something like..."the patient opened an account to do business with us by supplying all of the information we asked him, and seeking our services. The patient had a broken-arm. We spent the usual time in correcting the fracture and casting it. The patient cannot claim that he thought such a service was for free, for it is common knowledge that such services cost money. We usually charge $1200 for such a service. The patient had no insurance, so we billed him accordingly, yet upon several notices of FAILURE TO PAY, the patient still did not contact us or pay on the ammount owed."
In defense, the 'patient' cannot now say that he did'nt know he would have to pay for it..."ignorance of the law is no excuse."
How do you think this judgement will turn out?
Now...of course, the hospital will merely seek to be reimbursed for the original ammount owed, because any 'well-established' business would not want negative publicity in the media, such as, "DOCTOR TAKES PATIENT TO COURT FOR UNPAID BILLS, THEN FILES SUIT FOR BREACH OF CONTRACT!." And the 'patient', depending on the ammount owed, could end up with 'leins' on anything he owns...re-po men and bill-collectors calling and at his door...and definately a TERRIBLE credit record.
^^Apply the general situation to anything in life...and you have 'contract'.
O.k., enough of that...jus figured you may want to hit them sites and brush up on 'business'. You may or may not appreciate the information, but I spent my time to give you some quality info...AT NO COST!
You probably have all of your contracts, etc. in order for your sales...if not, holla at me. I might be able to help.
And if this gesture still does'nt get me that damn beat...what will? Can we 'barter'? Maybe I got something or some INFO you may need??? Lemme know...
"Profit"'