4 ms·

I can't imagine that either, but this isn't a case between Stefan and Mailchimp, this is a case between Stefan and Nandini in Tort Court where the requirements

by DataAF 7y ago

I can't imagine that either, but this isn't a case between Stefan and Mailchimp, this is a case between Stefan and Nandini in Tort Court where the requirements are much lower: 1. The existence of a contractual relationship or beneficial business relationship between two parties. Stefan is on mailchimp 2. Knowledge of that relationship by a third party. 3. Intent of the third party to induce a party to the relationship to breach the relationship. Tweet: https://twitter.com/nandoodles/status/1216903968439357446 https://twitter.com/nandoodles/status/1216903968439357446 4. Lack of any privilege on the part of the third party to induce such a breach. This is on Mailchimp's TOS 5. The contractual relationship is breached. Tweet: https://twitter.com/Mailchimp/status/1217073200414306304 https://twitter.com/Mailchimp/status/1217073200414306304 6. Damage to the party against whom the breach occurs. This remains to be seen

iron0013 7y ago
SM breached the contract himself when he violated the ToS.
- DataAF 7y ago
  True, but then it's on MailChimp to prove it. They're definitely open to arbitration. I wouldn't want to be in that position.
  - iron0013 7y ago
    Why not? It’s so clear cut it’d be a slam dunk for MailChimp.
  - dragonwriter 7y ago
    > True, but then it's on MailChimp to prove it. No, it's not, unless they want damages or some other government-imposed remedy.
duskwuff 7y ago
You are inappropriately equating the termination of a contract with a breach (= a violation) of the contract. The Mailchimp terms of service allow the company to terminate the contractual relationship at any time [1] -- they did not breach the contract by choosing to terminate it. [1]: https://mailchimp.com/legal/terms/ https://mailchimp.com/legal/terms/ -- "3. Closing Your Account: You or Mailchimp may terminate the Agreement at any time and for any reason by terminating your Mailchimp account or giving notice to the other party."
- DataAF 7y ago
  Good catch. Mailchimp has better coverage in their TOS than most I've looked at.
  - duskwuff 7y ago
    Better? Not unusually so. Unconditional termination clauses are standard practice; most terms of service will include something to that effect.
dragonwriter 7y ago
> I can't imagine that either, but this isn't a case between Stefan and Mailchimp, this is a case between Stefan and Nandini in Tort Court Well, it's not a case at all, and it's not likely to be one. > Intent of the third party to induce a party to the relationship to breach the relationship. Terminating a contract as provided for in the contract is not a breach of the contract. The only arguable breach is on Molyneux’s part by violating the ToS, and clearly Nandini didn't induce that breach.

by DataAF 7y ago

iron0013 7y ago

SM breached the contract himself when he violated the ToS.

DataAF 7y ago
True, but then it's on MailChimp to prove it. They're definitely open to arbitration. I wouldn't want to be in that position.
- iron0013 7y ago
  Why not? It’s so clear cut it’d be a slam dunk for MailChimp.
- dragonwriter 7y ago
  > True, but then it's on MailChimp to prove it. No, it's not, unless they want damages or some other government-imposed remedy.

duskwuff 7y ago

You are inappropriately equating the termination of a contract with a breach (= a violation) of the contract. The Mailchimp terms of service allow the company to terminate the contractual relationship at any time [1] -- they did not breach the contract by choosing to terminate it. [1]: https://mailchimp.com/legal/terms/ https://mailchimp.com/legal/terms/ -- "3. Closing Your Account: You or Mailchimp may terminate the Agreement at any time and for any reason by terminating your Mailchimp account or giving notice to the other party."

DataAF 7y ago
Good catch. Mailchimp has better coverage in their TOS than most I've looked at.
- duskwuff 7y ago
  Better? Not unusually so. Unconditional termination clauses are standard practice; most terms of service will include something to that effect.

dragonwriter 7y ago

> I can't imagine that either, but this isn't a case between Stefan and Mailchimp, this is a case between Stefan and Nandini in Tort Court Well, it's not a case at all, and it's not likely to be one. > Intent of the third party to induce a party to the relationship to breach the relationship. Terminating a contract as provided for in the contract is not a breach of the contract. The only arguable breach is on Molyneux’s part by violating the ToS, and clearly Nandini didn't induce that breach.