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  #1  
Old 10-20-2008, 03:11 PM
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Breach of Contract


What is the name of your state (only U.S. law)? Missouri. Two people are divorcing and receive a "Journal Entry for Temporary Custody, Child Support and Maintenance Pendente Lite" in which one is given sole possession of one vehicle and the other sole possession of another vehicle. He however is also directed to be responsible for all liabilities associated with said vehicles. They are both restrained and enjoined from molesting or interfering with the privacy or rights of each other in any manner as outlined in this document. He then takes her vehicle without her knowledge and has a tracking device placed on it so he can monitor where she goes also without her knowledge. Can this document be considered a contract? Could this constitute Breach of Contract?
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Old 10-20-2008, 05:24 PM
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Quote:
Originally Posted by Richard Layman View Post
What is the name of your state (only U.S. law)? Missouri. Two people are divorcing and receive a "Journal Entry for Temporary Custody, Child Support and Maintenance Pendente Lite" in which one is given sole possession of one vehicle and the other sole possession of another vehicle. He however is also directed to be responsible for all liabilities associated with said vehicles. They are both restrained and enjoined from molesting or interfering with the privacy or rights of each other in any manner as outlined in this document. He then takes her vehicle without her knowledge and has a tracking device placed on it so he can monitor where she goes also without her knowledge. Can this document be considered a contract? Could this constitute Breach of Contract?
Sounds like interfering with privacy rights to me, but you should ask an attorney in your state how the court would interpret it.
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Old 10-20-2008, 06:10 PM
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Quote:
Originally Posted by Richard Layman View Post
What is the name of your state (only U.S. law)? Missouri. Two people are divorcing and receive a "Journal Entry for Temporary Custody, Child Support and Maintenance Pendente Lite" in which one is given sole possession of one vehicle and the other sole possession of another vehicle. He however is also directed to be responsible for all liabilities associated with said vehicles. They are both restrained and enjoined from molesting or interfering with the privacy or rights of each other in any manner as outlined in this document. He then takes her vehicle without her knowledge and has a tracking device placed on it so he can monitor where she goes also without her knowledge. Can this document be considered a contract? Could this constitute Breach of Contract?
It really wouldn't be a contract issue, it would be a contempt of court issue. He most definitely violated her privacy.

This is the kind of thing that would NOT impress a judge at all.
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