this post was submitted on 15 Sep 2024
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cross-posted from: https://slrpnk.net/post/13145612

(edit) Would someone please ship some counterfeit money through there and get it confiscated, so the police can then be investigated for spending counterfeit money?

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[–] [email protected] 1 points 1 month ago* (last edited 1 month ago)

That’s not how contracts work. Unless the contact specified using that avenue, the only thing that matters is payment received.

You apparently believe OFAC took the money from the sender, not the recipient despite targeting the recipient. A court is not going to say that a payer owes money they already paid and must pay again in duplicate despite a government action to take money from the recipient. I have my money on the tenant prevailing in this case. Since OFAC targeted the recipient, the money likely would have left the sender’s bank and landed in the bank of the recipient. At that moment, the money is on the other side of the wall and outside of the sender’s control. The sender did not hire the recipient’s bank. The money grab would have happened after the money landed in the recipient’s bank. A sender cannot be responsible for a recipient’s bank paying their client.

If OFAC were some ransomware/cyber criminal gang running out of Nigeria, I would agree (as it’s not a government confiscating money from a recipient).

If I say in my contract: pay me by stashing cash under a rock at location X, and the payer complies, and then a bypasser takes the money, that’s a problem for the (foolish) person who drafted the contract that way. The drafter of a contract has a higher responsibility to flaws in the text of the agreement than the party who merely agrees to the contract.

For example, the US specifically has a law that states the benefit of ambiguity in contracts goes to the party who did /not/ draft the contract. This rightfully encourages contract writers to be diligent.

Otherwise you are left with penalizing people for faulty contract terms that they did not draft.