almost_anonymous

Advertises on BP. Searches turned up nothing, anyone have any thoughts/experiences?

Wow.. this is quite the thread.

 

I hope guys who like to talk about paying last, (and only if it's worth it,) and making legal contracts with escorts, (so that you can be sure she's going to suck your dick without a condom,) carry lots of lube with them... because I don't think this sort of stuff is ever going to make anyone wet... ever.

that's one way to look at it, or you might think of it as a discussion of how business practices in this industry relate to the law. Not sure it's supposed to get anyone excited.

Another interesting issue raised by Georgiana Sweet, but I agree with canuckhooker. I think a contract can only be enforced through legal means, so I don't believe there is any lawful way to force someone to perform a sexual act against their will. Like most other breached contracts, the guilty party would merely have to pay.

The amount would be open for argument, there are principle the court routinely uses to determine the amount. If pain and suffering/anguish could be proved (unlikely), then the harmed party should be entitled.

Definitely not an expert, learned out of necessity for my business. You are spot on regarding implied/assumed terms existing given the nature of a business, but I think they have to be universal in that all persons in that industry recognize them as assumed.

The 'wink, wink' aspect of many of these agreements is, I think, a product of the desire for secrecy/discretion, but makes these agreements vague. I have learned the hard way that if you have an expectation, it is best that the agreement clearly address it or you may not be entitled to it. This way a meeting of the minds is ensured. If you are being coy and not clearly communicating your expectations, the other party cannot consider them and no one can say that there is a agreement to satisfy them.

Again, I am extrapolating my business experiences to the discussion at hand, it might not fit, but the more similarities that can be drawn to other industries generally, the better the chance this industry will be treated like others.

Good points almost anonymous. You sound like you are very familiar with contract law.

 

I'm curious how you can have an actual contract, verbal or written, when the contract terms remain unclear due to the nature of this business. The SP say's you are paying only for her time, whereas the hobbyist(client) is certainly expecting more than just her time. There is a lot of wink, wink going on, in a sense. My issue with this is there is no true meeting of the minds, or at least there is lots of wiggle room to make me think a contract would be difficult to create in this type relationship. Doesn't a contract require a meeting of the minds? Not to mention my concealment/fraud issues mentioned in an earlier post.

 

I'm not questioning your expertise but instead just curious if I'm way off base in my thinking here.

 

Thanks for your input and welcome to the board!

 

Steve

Well I haven't had a chance to reply before now, but since the gauntlet has been thrown down, here goes.

 

First lets dispense with the BS that we are contracting for "companionship". What we are talking about is the selling of sexual services despite efforts of some to dance around that reality. We discuss a wide range of sexual services on here, not just FS.

 

So with that understanding we can assume a client and a provider have had some discussion of the services to be provided. So the first requirement of the contract is met. Both parties have an agreement on what is being contracted. It doesn't have to be in writing, or formal. It is just an agreement on what is to happen.

 

Then the next condition is an exchange of consideration. That is either the client paying (part or full) or the provider providing some or all of the service. Once one or the other does that, you have a valid contract.

 

Whether it is enforceable is the problem. An oral agreement can be problematic and can rapidly devolve into a "he said-she said" argument.

 

In the US this contract would not be vaild because you are contracting for an illegal service, as prostitution is illegal. In Canada however, it is legal, and this contract would be valid.

 

So the OP's question, as I understand it, was what recourse does he have when the agreed upon services are not provided. If he complies with his end of the agreement, and meets all the conditions, (good hygiene in my mind would be a condition) what does he do when the SP does not provide the agreed upon service?

 

In my mind unfortunately, he is probably SOL. It would be tough trying to enforce an oral contract, particularly in this industry. Most clients who feel they are aggrieved would be reluctant to seek a remedy because of the stigma attached to buying sexual services. That is what a lot of these folks count on. They can get away with it, because the victim won't complain.

 

Now let me be clear, I am not saying that the only person at fault in these situations is the provider. I am just answering the OP's question. There are problematic clients and there are problematic providers. If all providers were perfect there would be no need for something like the Cowboy's Diary.

 

For the client it is a Caveat Emptor situation, and it pays for any client to do his research, from a variety of sources. Please don't be as naive to say something like "stick with the lovely ladies of CERB". Granted there is a very high percentage of awesome and honest ladies on this site, but not everyone is perfect and we all know about shill posts, and other problems. Those problems may not be severe enough to be posted in the warning section, but they cannot be discussed in the review section either.

What he said too, there is a big difference between having a claim and being able to prove it, particularly with oral contracts.

Very interesting discussion. IMHO, the issues raised by the OP are all addressed by the law of contract. People can enter into an agreement to do just about anything, subject to certain limits (I.e.: legality). It's a business like any other that doesn't require special rules; and as long as the terms agreed are clear to all involved, the parties can look to contract law to settle disputes.

Parties can agree to buy/sell one's time or certain services (provided it is done outside the public space), the key is the clarity of the terms. If ymmv, so long as it's clear, then ymmv. If other conditions apply, then they need to be clear too. While the substance may be different, these are the same issues faced by anyone who offers a service to clients - it is very important to clearly set out the terms of service.

Timing of payment is merely another term. In this context, the sellers not only appear to have the bargaining power to require payment in advance, it secures payment prior to the delivery of service (happens in other disciplines as well - call it a retainer). It's just a smart business practice, Otherwise, once service is delivered, there is no way to secure payment.

This does not mean there is no way to deal with a breach of the terms of the agreement by the seller. If the agreement was for a service that wasn't performed (the breach), as suggested above a dissatisfied client could be compensated through the seller's voluntary decision to ensure the buyer's satisfaction (protect brand/reputation). Always the best solution. Otherwise, the buyer could seek to enforce the contract in the same manner as any other person - through the courts. Might not be appealing given one's desire for discretion/anonymity, but enforcing one's legal rights is a personal decision (you can lead a horse to water...).

Sellers could enforce through the courts as well. I doubt it will happen anytime soon, but a judge holding up this type an agreement might serve to legitimize the practice in the eyes of the public and policy makers (see Harper's comments on prostitution in the throne speech).

nuff said, thanks

Does anyone have any info on Kim Dash ?