Art Bell

[ks3484]

Drop Dead Date-

In A Nutshell: A Drop-Dead Date is the first day/date, or the last day/date, a contract is to begin or end according to, and as specified in the written contract agreed to by the party(s) to that contract.

provision in a contract or a court order which sets the last date an event must take place (such as payment) or otherwise certain consequences will automatically follow, such as cancelling the contract, taking property or entering a judgment.

Source: Drop Dead Date

__________________________________________

In A Nutshell: Changes to a contract must be agreed upon by party(s) to the contract, and must be reduced to writing.

Parol Evidence Rule-

Parol refers to verbal expressions or words. Verbal evidence, such as the testimony of a witness at trial.

In the context of contracts, deeds, wills, or other writings, parol evidence refers to extraneous evidence such as an oral agreement (a parol contract), or even a written agreement, that is not included in the relevant written document. The parol evidence rule is a principle that preserves the integrity of written documents or agreements by prohibiting the parties from attempting to alter the meaning of the written document through the use of prior and contemporaneous oral or written declarations that are not referenced in the document.

Terms of a contract are commonly proposed, discussed, and negotiated before they are included in the final contract. When the parties to the negotiations do put their agreement in writing and acknowledge that the statement is the complete and exclusive declaration of their agreement, they have integrated the contract. The parol evidence rule applies to integrated contracts and provides that when parties put their agreement in writing, all prior and contemporaneous oral or written agreements merge in the writing. Courts do not permit integrated contracts to be modified, altered, amended, or changed in any way by prior or contemporaneous agreements that contradict the terms of the written agreement.

The parol evidence rule applies to written contracts to safeguard the terms of the contract. The courts assume by the parol evidence rule that contracts contain the terms and provisions that the parties specifically intended and lack those provisions that the parties did not want.

The parol evidence rule does not apply to written integrated contracts in some instances. For example, clerical or typographical errors found in the written agreement may be changed because the incorrect term does not represent the true agreement between the parties. Courts will also not apply the parol evidence rule to prohibit contradictory evidence that shows that the contract was entered into under duress, mistake, Fraud, or Undue Influence. Finally, the parol evidence rule will not prevent evidence that shows the existence of a separate agreement between the parties...

More At: Parol Evidence Rule

__________________________________________

In A Nutshell: Specific Performance is when one party to a contract sues the other party(s) for not doing or performing what was expressed or implied in the contract.

Specific Performance-

An extraordinary equitable remedy that compels a party to execute a contract according to the precise terms agreed upon or to execute it substantially so that, under the circumstances, justice will be done between the parties.

Specific performance grants the plaintiff what he actually bargained for in the contract rather than damages (pecuniary compensation for loss or injury incurred through the unlawful conduct of another) for not receiving it; thus specific performance is an equitable rather than legal remedy. By compelling the parties to perform exactly what they had agreed to perform, more complete and perfect justice is achieved than by awarding damages for a breach of contract.

Specific performance can be granted only by a court in the exercise of its Equity powers, subsequent to a determination of whether a valid contract that can be enforced exists and an evaluation of the relief sought. As a general rule, specific performance is applied in breach of contract actions where monetary damages are inadequate, primarily where the contract involves land or a unique chattel (Personal Property). Damages for the breach of a contract for the sale of ordinary personal property are, in most cases, readily ascertainable and recoverable so that specific performance will not be granted.

An important advantage to this remedy is that, since it is an order of an equity court, it is supported by the enforcement power of that court. If the defendant refuses to obey that order, she can be cited for criminal Contempt and even imprisoned. The defendant can also be cited for civil contempt for continuing to refuse to obey the order and can be incarcerated until she agrees to obey it. In such a situation, it is said that "she has the keys to freedom in her pocket," which signifies that the defendant can release herself by complying with the court order. These enforcement powers are one of the principal reasons why plaintiffs seek specific performance of contracts....

More At: Specific Performance

__________________________________________

In A Nutshell: Liquidated Damages is a remedy when one party sues the other party(s) to recover the up-to-date costs incurred as a result of a contract that one or both party(s) agrees to abandon.

Liquidated Damages-

Monetary compensation for a loss, detriment, or injury to a person or a person's rights or property, awarded by a court judgment or by a contract stipulation regarding breach of contract.

Generally, contracts that involve the exchange of money or the promise of performance have a liquidated damages stipulation. The purpose of this stipulation is to establish a predetermined sum that must be paid if a party fails to perform as promised.

Damages can be liquidated in a contract only if (1) the injury is either "uncertain" or "difficult to quantify"; (2) the amount is reasonable and considers the actual or anticipated harm caused by the contract breach, the difficulty of proving the loss, and the difficulty of finding another, adequate remedy; and (3) the damages are structured to function as damages, not as a penalty. If these criteria are not met, a liquidated damages clause will be void...

More At: Liquidated Damages

[Evil Twin Of Zen]

MV, good luck with the move, I hope it's faster then the Contract we have been awaiting.

Art

Mr. Bell & MV
most of the gabbers here understand that you are paying whatever the bill is for this production. please pass along to your families, how grateful we are for what you give to us. whatever time it takes... it takes.

Jeff

[Evil Twin Of Zen]

Drop Dead Date-

In A Nutshell: A Drop-Dead Date is the first day/date, or the last day/date, a contract is to begin or end according to, and as specified in the written contract agreed to by the party(s) to that contract.

provision in a contract or a court order which sets the last date an event must take place (such as payment) or otherwise certain consequences will automatically follow, such as cancelling the contract, taking property or entering a judgment.

Source: Drop Dead Date

__________________________________________

In A Nutshell: Changes to a contract must be agreed upon by party(s) to the contract, and must be reduced to writing.

Parol Evidence Rule-

Parol refers to verbal expressions or words. Verbal evidence, such as the testimony of a witness at trial.

In the context of contracts, deeds, wills, or other writings, parol evidence refers to extraneous evidence such as an oral agreement (a parol contract), or even a written agreement, that is not included in the relevant written document. The parol evidence rule is a principle that preserves the integrity of written documents or agreements by prohibiting the parties from attempting to alter the meaning of the written document through the use of prior and contemporaneous oral or written declarations that are not referenced in the document.

Terms of a contract are commonly proposed, discussed, and negotiated before they are included in the final contract. When the parties to the negotiations do put their agreement in writing and acknowledge that the statement is the complete and exclusive declaration of their agreement, they have integrated the contract. The parol evidence rule applies to integrated contracts and provides that when parties put their agreement in writing, all prior and contemporaneous oral or written agreements merge in the writing. Courts do not permit integrated contracts to be modified, altered, amended, or changed in any way by prior or contemporaneous agreements that contradict the terms of the written agreement.

The parol evidence rule applies to written contracts to safeguard the terms of the contract. The courts assume by the parol evidence rule that contracts contain the terms and provisions that the parties specifically intended and lack those provisions that the parties did not want.

The parol evidence rule does not apply to written integrated contracts in some instances. For example, clerical or typographical errors found in the written agreement may be changed because the incorrect term does not represent the true agreement between the parties. Courts will also not apply the parol evidence rule to prohibit contradictory evidence that shows that the contract was entered into under duress, mistake, Fraud, or Undue Influence. Finally, the parol evidence rule will not prevent evidence that shows the existence of a separate agreement between the parties...

More At: Parol Evidence Rule

__________________________________________

In A Nutshell: Specific Performance is when one party to a contract sues the other party(s) for not doing or performing what was expressed or implied in the contract.

Specific Performance-

An extraordinary equitable remedy that compels a party to execute a contract according to the precise terms agreed upon or to execute it substantially so that, under the circumstances, justice will be done between the parties.

Specific performance grants the plaintiff what he actually bargained for in the contract rather than damages (pecuniary compensation for loss or injury incurred through the unlawful conduct of another) for not receiving it; thus specific performance is an equitable rather than legal remedy. By compelling the parties to perform exactly what they had agreed to perform, more complete and perfect justice is achieved than by awarding damages for a breach of contract.

Specific performance can be granted only by a court in the exercise of its Equity powers, subsequent to a determination of whether a valid contract that can be enforced exists and an evaluation of the relief sought. As a general rule, specific performance is applied in breach of contract actions where monetary damages are inadequate, primarily where the contract involves land or a unique chattel (Personal Property). Damages for the breach of a contract for the sale of ordinary personal property are, in most cases, readily ascertainable and recoverable so that specific performance will not be granted.

An important advantage to this remedy is that, since it is an order of an equity court, it is supported by the enforcement power of that court. If the defendant refuses to obey that order, she can be cited for criminal Contempt and even imprisoned. The defendant can also be cited for civil contempt for continuing to refuse to obey the order and can be incarcerated until she agrees to obey it. In such a situation, it is said that "she has the keys to freedom in her pocket," which signifies that the defendant can release herself by complying with the court order. These enforcement powers are one of the principal reasons why plaintiffs seek specific performance of contracts....

More At: Specific Performance

__________________________________________

In A Nutshell: Liquidated Damages is a remedy when one party sues the other party(s) to recover the up-to-date costs incurred as a result of a contract that one or both party(s) agrees to abandon.

Liquidated Damages-

Monetary compensation for a loss, detriment, or injury to a person or a person's rights or property, awarded by a court judgment or by a contract stipulation regarding breach of contract.

Generally, contracts that involve the exchange of money or the promise of performance have a liquidated damages stipulation. The purpose of this stipulation is to establish a predetermined sum that must be paid if a party fails to perform as promised.

Damages can be liquidated in a contract only if (1) the injury is either "uncertain" or "difficult to quantify"; (2) the amount is reasonable and considers the actual or anticipated harm caused by the contract breach, the difficulty of proving the loss, and the difficulty of finding another, adequate remedy; and (3) the damages are structured to function as damages, not as a penalty. If these criteria are not met, a liquidated damages clause will be void...

More At: Liquidated Damages

how could i not quote it? 

*reported* 

[Skunk Ape]

Some of you may know already, but SIT this week is one not included in the Ultimate Archive. Get those recorders ready

[Evil Twin Of Zen]

how could i not quote it? 

*reported* 

ks3484. not to misunderstand. i enjoy the eventual understanding of information you provide. always a nice surprise and you post some very good questions.

*Abby Normal* 

[Heather Wade]

Some of you may know already, but SIT this week is one not included in the Ultimate Archive. Get those recorders ready

I just put a brand new 120 min cassette into my double-deck tape recorder.  Ready over here.

[morgana213]

MV, good luck with the move, I hope it's faster then the Contract we have been awaiting.

Art

thank you MV for what you do.  You are appreciated.  Also, thank you Art for being here on this forum and for keeping us posted on your comings and goings.  I had no idea when I searched Google for "George Noory Sucks" I would find such a vaguely lovable group of people.

[chinaclipper]

thank you MV for what you do.  You are appreciated.  Also, thank you Art for being here on this forum and for keeping us posted on your comings and goings.  I had no idea when I searched Google for "George Noory Sucks" I would find such a vaguely lovable group of people.

Well said, and my thanks also.  (although will admit my search was for "Art Bell fans.")

[nika01]

Yak

[Producer-Paul]

MV, good luck with the move, I hope it's faster then the Contract we have been awaiting.
Art

^^^ This ^^^

[VegasI15]

It sounds like the contract is going by Pony Express. 

[phrodo]

It sounds like the contract is going by Pony Snail Express.

FIFY .. or "It's moving at the speed of smell".

[Marc.Knight]

It sounds like the contract is going by Pony Express.

and the pony died of heat exhaustion.

[Evil Twin Of Zen]

and the pony died of heat exhaustion.

oh it figures that it would be blamed on climate change   

[ks3484]

ks3484. not to misunderstand. i enjoy the eventual understanding of information you provide. always a nice surprise and you post some very good questions.

*Abby Normal* 

Thanx Evil Twin Of Zen

[laserjock]

My girl said pray before I sleep, so I'm including Art and MV...

[WhiteCrow]

Drop Dead Date-

In A Nutshell: A Drop-Dead Date is the first day/date, or the last day/date, a contract is to begin or end according to, and as specified in the written contract agreed to by the party(s) to that contract. <snipage>

What da heck, came home early tonight and staggered over to easy chair, fumbled with laptop, where's the spoon and binky, expecting some good end of week news from Art. NOTHING but Drop Dead Date-
spin chamber >>>>>click  >>>>> spin chamber

[Xitheron]

Anyone know what time the Somewhere In Time shows are aired?

[MV/Liberace!]

MV, good luck with the move, I hope it's faster then the Contract we have been awaiting.

Art

thank you, sir.  i think everybody will be quite pleased with how things run around here once the move is complete.  page loads should be near instantaneous.  as traffic increases, we'll be able to easily upgrade hardware resources to accommodate it. 

i think perhaps the best feature of the new server will be its refusal to allow connections from australia.  that solves so many problems for so many people.

have a good evening, art... and i hope all of the ABs are well.

[Eddie Coyle]

Anyone know what time the Somewhere In Time shows are aired?

   Saturday, 9pm in the eastern time zone.

[MV/Liberace!]

Mr. Bell & MV
most of the gabbers here understand that you are paying whatever the bill is for this production. please pass along to your families, how grateful we are for what you give to us. whatever time it takes... it takes.

Jeff

thanks, but i'm just a fat douche nobody from missouri who installed a script on a server and then tried to stay out of the way as much as possible (with a few mistakes made along the way).  without art and obviously without the rest of you, this forum wouldn't exist. 

i can't tell you how excited i am to see where things are about to go for art and for bellgab as he starts the new show later this year.  we are in the midst of special times, and i hope everyone realizes that.  sometimes you don't realize it while it's happening.  what art's about to do represents the manifestation of years of hoping/wishing/praying by thousands of people on this forum, and many more who don't even know this forum exists.  it's all just surreal to me. 

i hope art hosts this new show until the day he kicks it at age 101.

[Humilia Lepus Foramen]

Pffft, between the Ultimate HGH, goblin juice and Art's Parts technology, he will broadcast well beyond 101

[Eddie Coyle]

Pffft, between the Ultimate HGH, goblin juice and Art's Parts technology, he will broadcast well beyond 101

     If the Caliphate allows an infidel to broadcast in 2046.

[ManiacMatt]

thanks, but i'm just a fat douche nobody from missouri who installed a script on a server and then tried to stay out of the way as much as possible (with a few mistakes made along the way).  without art and obviously without the rest of you, this forum wouldn't exist. 

i can't tell you how excited i am to see where things are about to go for art and for bellgab as he starts the new show later this year.  we are in the midst of special times, and i hope everyone realizes that.  sometimes you don't realize it while it's happening.  what art's about to do represents the manifestation of years of hoping/wishing/praying by thousands of people on this forum, and many more who don't even know this forum exists.  it's all just surreal to me. 

i hope art hosts this new show until the day he kicks it at age 101.

Yes, thank you MV!  Think of all the cool stuff from Art and all the great humor we would have missed out on had this forum not existed.  We wouldn't even know that Art was planning to do a new show!

[Heather Wade]

it's all just surreal to me. 

Me too.  In the greatest way. 

[RealCool Daddio]

  without art and obviously without the rest of you, this forum wouldn't exist. 

It's designed to make you money.

[Diabhal]

There's nothing with more listenback ability than Art's old shows. Stuff like Y2K, anything Ed Dames ever predicted and the 2012 stuff were so far off the mark that it adds huge levels of comedy to the shows. Some yokel predicting UFO's would land in the White House during the Bush era for instance.

[MV/Liberace!]

It's designed to make you money.

Hater troll hater.

[MV/Liberace!]

There's nothing with more listenback ability than Art's old shows. Stuff like Y2K, anything Ed Dames ever predicted and the 2012 stuff were so far off the mark that it adds huge levels of comedy to the shows. Some yokel predicting UFO's would land in the White House during the Bush era for instance.

Yeah, those shows where the guest was way off the mark are among my favorites.

[akwilly]

It's designed to make you money.

I guess u run or own this site, am not sure am new here but I thank you for whatever you do to give us art bell lovers a forum.