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(Daily Mail)   Mr Ilg woke from a night out at the strip club with no memory of the previous night but a credit card bill for more than $28k so does he. A) Pay the bill. C) Sue the club because he was drunk & 'no longer capable of conducting financial transactions'   (dailymail.co.uk) divider line 181
    More: Dumbass, Mr Ilg, Hustler Club, Friendly's, duty to protect, credit card bill  
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8656 clicks; posted to Main » on 13 Dec 2012 at 12:25 PM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2012-12-13 10:39:58 AM  
If I don't remember it didn't happen.

Unless the club wants to show me a video of me up and moving during my blackout, then I'm guessing they drugged me and charged up my credit card.

img202.imageshack.us

stripper thread!
 
2012-12-13 10:47:53 AM  
So what they're saying is that despite having consumed sufficient alcohol to severely impair his judgement, he's still legally considered responsible for his own actions.

I wonder if that legal principle could carry over to any other aspects of the law.
 
2012-12-13 11:06:35 AM  
Hahahaha, that's exactly the kind of thing I imagine is going on at Larry Flynt's Hustler Club every time I drive past it.
 
2012-12-13 11:08:11 AM  

DammitIForgotMyLogin: I wonder if that legal principle could carry over to any other aspects of the law.


It does. You have impaired judgement, however if you get behind the wheel you cant use that impairment as a mitigating circumstance

img820.imageshack.us
 
2012-12-13 11:10:44 AM  
There's no guarantee that the transactions he was making, whilst absolutely paralytic, were done in good faith. They could bring him beers, ask for his credit card, he thinks "pfft, $10-$20 tops", but he gets back in the morning he sees that it was $500 a drink, and they ran it through twice, or maybe even 3 times for the one drink, whilst no where in the bar does it say beers are $500.

If a dance is $300 there's no way he had nearly 100 of them. He was just ripped off because they saw he was drunk so could take advantage and ramp up the prices.

Strip bars are very dangerous places to lose control whilst drunk.
 
2012-12-13 11:26:14 AM  

DammitIForgotMyLogin: So what they're saying is that despite having consumed sufficient alcohol to severely impair his judgement, he's still legally considered responsible for his own actions.

I wonder if that legal principle could carry over to any other aspects of the law.


Well, considering every strip club in the world is pretty much a clip joint, especially the bigger ones, it probably only applies to these types of cases where "services" are provided.
 
2012-12-13 11:30:58 AM  
He said he had a huge gap in his memory and woke up the next day in Delaware after being driven home by a club employee

He got done over so hard that the employees decide to drive you home.... damn....


img442.imageshack.us
 
2012-12-13 11:52:49 AM  
I've been waiting for this to happen. A contract is not legally enforceable if the signatory is drunk.
 
2012-12-13 12:02:48 PM  
Many moons ago I had a brief gig as a B girl in a strip club in the Quarter. I was broke but walked out the second night I was there after learning what the place was all about.
Get 'em in, get a credit card, blah blah.

Because People in power are Stupid: I've been waiting for this to happen. A contract is not legally enforceable if the signatory is drunk.


Shame is a big factor in these negotiations. Many people will pay to get it to go away.
 
2012-12-13 12:07:41 PM  

Because People in power are Stupid: A contract is not legally enforceable if the signatory is drunk.


Lucy v. Zehmer says your statement is naive and incorrect and that you need to ask for your law school tuition back. Try telling them you were drunk when you enrolled.
 
2012-12-13 12:20:32 PM  

Theaetetus: Lucy v. Zehmer


"is immaterial except when an unreasonable meaning which he attaches to his manifestations is known to the other party."

They drove the drunk guy home. They must have known this manifestation.

And asshat, I'm not in Law School nor have I ever made that claim.
 
2012-12-13 12:20:36 PM  

Theaetetus: Because People in power are Stupid: A contract is not legally enforceable if the signatory is drunk.

Lucy v. Zehmer says your statement is naive and incorrect and that you need to ask for your law school tuition back. Try telling them you were drunk when you enrolled.


...and would a credit card payment count as a 'contract'? I think it should be payment under false pretences, or something, because they used the fact he was drunk to overcharge, probably repeatedly, for something he may not even have wanted.
 
2012-12-13 12:23:45 PM  

Theaetetus: Because People in power are Stupid: A contract is not legally enforceable if the signatory is drunk.

Lucy v. Zehmer says your statement is naive and incorrect and that you need to ask for your law school tuition back. Try telling them you were drunk when you enrolled.


Legally speaking - If you are drunk and can prove it there are situations where you cannot be held liable or give true consent.
 
2012-12-13 12:25:59 PM  

AbbeySomeone: Theaetetus: Because People in power are Stupid: A contract is not legally enforceable if the signatory is drunk.

Lucy v. Zehmer says your statement is naive and incorrect and that you need to ask for your law school tuition back. Try telling them you were drunk when you enrolled.

Legally speaking - If you are drunk and can prove it there are situations where you cannot be held liable or give true consent.


Why don't we go out drinking -just you and me. I'll ply you with liquor, women, cocaine whatever you want. The next day you will have signed a contract that you don't remember signing and I'll hold you up to it.

Sounds fair? I wonder what the judge will do.
 
2012-12-13 12:28:55 PM  
Ah, the old "I was too drunk to know that I was drunk" defense.
Was outlawed in North Carolina, because too many drunk drivers got off using it.
 
2012-12-13 12:30:47 PM  
At 28,000, yes and he probably has a very strong case.
 
2012-12-13 12:31:53 PM  
Reads Article

Citrate1007:
At 28,000, yes and he probably has a very strong case. should have hired a better lawyer.
 
2012-12-13 12:32:04 PM  

Because People in power are Stupid: AbbeySomeone: Theaetetus: Because People in power are Stupid: A contract is not legally enforceable if the signatory is drunk.

Lucy v. Zehmer says your statement is naive and incorrect and that you need to ask for your law school tuition back. Try telling them you were drunk when you enrolled.

Legally speaking - If you are drunk and can prove it there are situations where you cannot be held liable or give true consent.

Why don't we go out drinking -just you and me. I'll ply you with liquor, women, cocaine whatever you want. The next day you will have signed a contract that you don't remember signing and I'll hold you up to it.

Sounds fair? I wonder what the judge will do.


Fantastic. I prefer young, hot boys as long as I don't have to deal with their drama. Cocaine? Nah.
Methinks you don't have a real good law savvy. The Judge will do whatever he is bribed to do, and if he is not corrupt he will abide the law which will cancel drunken/impaired contracts.
 
2012-12-13 12:32:18 PM  
They should have made him settle up at five thousand dollar intervals or something, if it's legitimate.
 
2012-12-13 12:32:56 PM  

Because People in power are Stupid: AbbeySomeone: Theaetetus: Because People in power are Stupid: A contract is not legally enforceable if the signatory is drunk.

Lucy v. Zehmer says your statement is naive and incorrect and that you need to ask for your law school tuition back. Try telling them you were drunk when you enrolled.

Legally speaking - If you are drunk and can prove it there are situations where you cannot be held liable or give true consent.

Why don't we go out drinking -just you and me. I'll ply you with liquor, women, cocaine whatever you want. The next day you will have signed a contract that you don't remember signing and I'll hold you up to it.

Sounds fair? I wonder what the judge will do.


It could easily be worse than that. They may have given him rapenol or whatever it's called. He's the second guy this has happened to.

In Minnesota, at least, serving alcohol to a a person who's visibly drunk is a crime. At the very least, the bar should lose its liquor license.
 
2012-12-13 12:34:30 PM  
FTA: However, the New Yorker's case was thrown out by a judge and adding to what must have already been a terrible hangover, he will now have to pay the credit card bill of $28,109.60.

Not to mention his "attorney's" fees.

1.bp.blogspot.com
 
2012-12-13 12:36:19 PM  
Subby has obviously not heard of this scam.

1. Provide potential "mark" with lap dances, women and promises of "happy endings".
2. Slip drug into drink and ring up CC with things he didn't purchase when he passes out.
3. Leave him back at the hotel.
4. Profit.
 
2012-12-13 12:37:07 PM  

Because People in power are Stupid: Why don't we go out drinking -just you and me. I'll ply you with liquor, women, cocaine whatever you want. The next day you will have signed a contract that you don't remember signing and I'll hold you up to it.

Sounds fair? I wonder what the judge will do.


Can I have that offer?

img849.imageshack.us

I bet I can make the cost of doing business less than profitable for you...

/willing to try
 
2012-12-13 12:37:13 PM  
Was "Ilg" what he said when he saw the bill?
 
2012-12-13 12:38:35 PM  
If I woke up with a CC bill for over $28k I'd sure as hell lawyer up. That being said... what kind of stripper takes CC?
 
2012-12-13 12:38:58 PM  

DammitIForgotMyLogin: So what they're saying is that despite having consumed sufficient alcohol to severely impair his judgement, he's still legally considered responsible for his own actions.

I wonder if that legal principle could carry over to any other aspects of the law.


I would love to see a woman try out this line of defense. It would be very illuminating. Anybody care to speculate on how that might play out?
 
2012-12-13 12:39:08 PM  

The Stealth Hippopotamus: I bet I can make the cost of doing business less than profitable for you...


Is that you? You are interesting.
 
2012-12-13 12:42:47 PM  

Plant Rights Activist: If I woke up with a CC bill for over $28k I'd sure as hell lawyer up. That being said... what kind of stripper takes CC?


All of them?
 
2012-12-13 12:42:50 PM  
I thought this was going to be about a broken atm at the strip club running on an ancient Apple computer.
 
2012-12-13 12:44:35 PM  

AbbeySomeone: I prefer young, hot boys


Um, have a seat over there.
 
2012-12-13 12:45:00 PM  

Plant Rights Activist: If I woke up with a CC bill for over $28k I'd sure as hell lawyer up. That being said... what kind of stripper takes CC?


NSFW
Link
 
2012-12-13 12:45:17 PM  
i50.tinypic.com
 
2012-12-13 12:45:24 PM  
Okay, leaving aside the idiot with the charge card for a second.

Honest girl question to the guys about the pictures. What is with men and lusting after women who can get into extreme poses? Do you have any proof that this makes sex better when she has one foot touching a ceiling fixture and the other perched on the top of the back of the chair? Do you think she could actually hold that pose while you are farking her? Is it just a recognition that she probably has some serious body strength? (So why not getting turned on by the body building chicks?)
 
2012-12-13 12:46:19 PM  
Well now wait...how many times have we seen bars and bartenders get in major trouble because they over-served a patron who was later involved in a drunk driving wreck? Bars can be held liable but judge's ruling may cause a bit of a legal stir.

'There is no duty upon (Hustler Club) to protect the plaintiff from the results of his (voluntary) intoxication.'

So, which is it? Does this now mean bartenders can keeping feeding you drinks until you get alcohol poisoning and not be held liable? Can they suddenly decide to start serving you ultra high end liquors and charge $500 a shot after you're so drunk you can't even decide for yourself?

Something tells me this judge doesn't really get out much or live in the real world.
 
2012-12-13 12:47:19 PM  

LaraAmber: Do you have any proof that this makes sex better


Only one way to find out.
 
2012-12-13 12:47:20 PM  

AbbeySomeone: Theaetetus: Because People in power are Stupid: A contract is not legally enforceable if the signatory is drunk.

Lucy v. Zehmer says your statement is naive and incorrect and that you need to ask for your law school tuition back. Try telling them you were drunk when you enrolled.

Legally speaking - If you are drunk and can prove it there are situations where you cannot be held liable or give true consent.


Don't even need to go there. It is a crime for a bar to serve alcohol to a person they know to be intoxicated. Therefore all the drinks he consumed after being drunk were illegally provided and you cannot validly contract to do an illegal act. Furthermore since the bar had to commit a crime to get him to the point where he consented to the 300+ lapdances it would be against public policy to enforce the "contract" he made for those services.
 
2012-12-13 12:47:24 PM  
Unless they have video of him (I'm sure they have camera's in there) this should have been a very easy win for him. $28k is one hell of a bill for one night at a strip club. Did he get the all night treatment by every girl in there.
 
2012-12-13 12:47:25 PM  
where's GD when we need her?
 
2012-12-13 12:48:15 PM  
What's interesting is that a person who's drunk/drugged can claim they were sexually assaulted because they were too intoxicated, yet they can't claim there robbed or defrauded because they were too intoxicated?

I always wonder how this would work with an age of consent nexus: If an 18 year old (in California for example) is very drunk and a 17 year old has sex with them, who's guilty of a crime? The 17 year old for having sex with someone unable to consent, or the 18 year old for having sex with a minor because being drunk is not an an excuse?
 
2012-12-13 12:48:16 PM  

Superjew: DammitIForgotMyLogin: So what they're saying is that despite having consumed sufficient alcohol to severely impair his judgement, he's still legally considered responsible for his own actions.

I wonder if that legal principle could carry over to any other aspects of the law.

I would love to see a woman try out this line of defense. It would be very illuminating. Anybody care to speculate on how that might play out?


Are you trying to turn this into a rape thread? I am not a fan of rape threads.
 
2012-12-13 12:49:39 PM  

LaraAmber: Honest girl question to the guys about the pictures.


It's art. Sexy sexy art. In the case of the pics posted. Now throw in a few c-section scars bad ink and clear heels and it gets sad (not that it still can't be a good time). But the stuff posted is quality.

/don't bring a CC to a strip club, that is bad idea 101.
 
2012-12-13 12:50:13 PM  

LaraAmber: Okay, leaving aside the idiot with the charge card for a second.

Honest girl question to the guys about the pictures. What is with men and lusting after women who can get into extreme poses? Do you have any proof that this makes sex better when she has one foot touching a ceiling fixture and the other perched on the top of the back of the chair? Do you think she could actually hold that pose while you are farking her? Is it just a recognition that she probably has some serious body strength? (So why not getting turned on by the body building chicks?)


In answer to your questions. It not only makes the skin appear more taut (and therefore youthful), but that type of flexibility usually speaks to some amount of physical fitness indicating not all the work will need to be done by you. From personal experience though no. Women that are that flexible tend to be smaller (and bonier, sharp knees, etc...) in size, which isn't always that comfortable. As far as body building chicks go... nobody wants to sleep with someone with bigger biceps.
 
2012-12-13 12:51:21 PM  

Superjew: DammitIForgotMyLogin: So what they're saying is that despite having consumed sufficient alcohol to severely impair his judgement, he's still legally considered responsible for his own actions.

I wonder if that legal principle could carry over to any other aspects of the law.

I would love to see a woman try out this line of defense. It would be very illuminating. Anybody care to speculate on how that might play out?


Tricky to say. Do we have any examples of a woman who's been drinking who consents to something, later regrets it, finds someone else to blame, and gets them into legal trouble?
 
2012-12-13 12:51:32 PM  
Let's see... If a girl goes into a bar, is overserved to the point she blacks out, and wakes up to discover she was gangbanged by the patrons, she has a strong criminal case. But a guy goes to a bar, is overserved to the point he blacks out, and wakes up to discover he's been financially gangbanged by the bar - and he's expected to just live with the shame and damage.

It's sexist!!!

/only partly kidding.
 
2012-12-13 12:51:53 PM  

The Stealth Hippopotamus: He said he had a huge gap in his memory and woke up the next day in Delaware after being driven home by a club employee

He got done over so hard that the employees decide to drive you home.... damn....


[img442.imageshack.us image 300x400]


His house has already been burglarized.
 
2012-12-13 12:52:32 PM  
i877.photobucket.com

WTF Subbsey?
 
2012-12-13 12:52:50 PM  

LaraAmber: Okay, leaving aside the idiot with the charge card for a second.

Honest girl question to the guys about the pictures. What is with men and lusting after women who can get into extreme poses? Do you have any proof that this makes sex better when she has one foot touching a ceiling fixture and the other perched on the top of the back of the chair? Do you think she could actually hold that pose while you are farking her? Is it just a recognition that she probably has some serious body strength? (So why not getting turned on by the body building chicks?)


The one with the young lady bent the wrong way is a little unsettling. As for limber poses the idea of the new and exotic have an appeal. Just like a new outfit, toy or scenario
 
2012-12-13 12:53:04 PM  

DammitIForgotMyLogin: I wonder if that legal principle could carry over to any other aspects of the law.


Theaetetus: Lucy v. Zehmer says your statement is naive and incorrect and that you need to ask for your law school tuition back. Try telling them you were drunk when you enrolled.


That isn't what Lucy v. Zehmer says. That case is in law school text to illustrate the fact that the intent to contract is based upon an objective test. That is, if a reasonable person observing your behavior would assume that you intended to enter into a contract, then you will be held to have the requisite intent even if you subjectively did not intend to enter a contract.

In simpler terms, Lucy v. Zehmer means you can't sign a contract while appearing to be serious, then later get out of it by saying 'Heh, I was only joking,' even if you really were only joking. It's your outward conduct that matters, not your internal thoughts.

Lucy v. Zehmer would have little application here, because this isn't a case about whether the person had a subjective or objective intent to contract. It would be about whether or not he had the capacity to contract at the time of the agreement. Given the facts described, that case will turn largely on whether or not voluntary intoxication is a valid defense in civil cases in this jurisdiction. Lets look at that, shall we?

The Restatement (2d) of Contracts § 16. Intoxicated Persons
A person incurs only voidable contractual duties by entering into a transaction if the other party has reason to know that by reason of intoxication

(a) he is unable to understand in a reasonable manner the nature and consequences of the transaction, or
(b) he is unable to act in a reasonable manner in relation to the transaction.


If what this person alleges is true, and it took place in a jurisdiction that follows the Restatement rule, he would not be liable.

So yes, there's at least one person in this thread that needs to take a remedial contracts class. But I don't think it's the person you were talking to.
 
2012-12-13 12:53:58 PM  
Judge is wrong. Any bar will tell you they have to remove over-served people (and shouldn't over-serve to begin with..

/"I didn't want to be drunk in public, I was drunk in a bar and they threw me out"
 
2012-12-13 12:57:17 PM  
The only time I have ever had a credit card lifted and actually used was after going to the Gold Club in Atlanta back in the late '90s when I was working an IT gig there. They had bought gas and used it at a mall. Thankfully I got it all back.
 
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