Social Media Post Dispute

Summary

A social media post dispute in New South Wales involved defamation claims and a settlement agreement. B removed the post, apologized, and agreed to a payment arrangement. A dispute arose over contract fulfillment, specifically regarding a donation to charity. In New South Wales, a contract requires offer, acceptance, intention, and consideration. B should review the contract, document communications, and seek legal advice. Defenses against breach claims include performance excuse, mitigation, partial performance, and waiver or estoppel. Consulting a contract lawyer is advisable for specific guidance.

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B remove the social media post and apologised to A through their lawyer. B agreed pay the half money to the party and the rest to the charity. Both party agreed.
It seems like the matter has been resolved amicably with B removing the post, apologizing, and agreeing on a payment arrangement. If all parties are satisfied with this outcome, it's important to document the agreement formally. This could help avoid future disputes. If you need further assistance, feel free to ask!
B'S LAWYER ASKED TRANSFERED THE MONEY TO A'S LAW FIRM, EXCEPT THE AGEED DONATION MONEY. A'S LAWYER FOLLOWED UP NO RESPONSE. A ASKED THE MONEY BACK AND WITHDRAWED THE CONTRACT. B CLAIM THERE WAS A CONTRACT BREACH.
It sounds like there might be a dispute over the terms of a settlement agreement between A and B. In New South Wales, contract law principles apply:
- Breach of Contract: Occurs when a party fails to perform their obligations under the agreement.
- Remedies: May include seeking specific performance or damages.
Would you like to know about potential legal remedies in this situation?
WERE THERE CONTRACT EXISTED ... WHAT ADVISE TO GIVE b
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It seems like there is a dispute over whether a contract existed between A and B regarding the social media post and payment. In New South Wales, for a contract to exist, these elements must be present:
- Offer and Acceptance: Clear offer by one party and acceptance by the other.
- Intention: Both parties must intend to create legal relations.
- Consideration: Something of value exchanged between parties.
If these elements are satisfied, there may be a contract. B should consider seeking legal advice on whether these elements are met and the possible implications.
If you need further guidance, feel free to ask!
What legal advise to give for B since there was a contract between A and B. Contract was not fully fulfilled as the agreed money to.the charity was not paid
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For B, here are some general legal considerations:
- Review the Contract: Ensure all terms and conditions are clearly understood, especially regarding the donation to charity.
- Document Communication: Keep records of all communications and agreements with A.
- Legal Advice: Consider consulting a lawyer specializing in contract law for advice on fulfilling the contract and potential defenses against breach claims.
Defence for contact breach claims
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In defending a breach of contract claim, B may consider the following:
- Performance Excuse: Was there a valid reason (e.g., force majeure) that prevented B from fulfilling the contract terms?
- Mitigation: Demonstrating efforts to minimize breach impact.
- Partial Performance: Highlighting if any part of the contract was completed.
- Waiver and Estoppel: Arguing A waived the breach or is estopped from enforcing it due to their actions.
For more specific legal advice, consulting a contract lawyer is recommended.