If Trump Can Be Bound By and Enforce An Agreement He Was Not Aware of...

[pnwmom]

5. Daniel's attorney says Trump didn't sign it. Do you think he's lying?

I think it's likely Trump didn't sign any copy, because he wanted the deniability. Cohen and Trump are still saying Trump didn't know anything about it.

Do you think the personal damage claims that DT was supposed to be releasing are among delegable rights? Can some assignee assure Daniels that DT will not be suing her in the future for injuries he had been claiming against her? That is what I have been talking about -- not about who can bring an arbitration, or about non-personal issues.

What happens to the contract if part of the consideration isn't given -- the part where DT releases his right to sue her for her past actions? What if she would only have signed the contract if she knew she was getting that assurance?

These are the parts of the agreement I'm wondering about.

2.5 The parties agree that the claims released include but are not limited to DD’s claims against PP as having allowed, whether intentionally, unintentionally, or negligently, anyone else other than those listed in Section 4.2 herein below to become aware of the existence of and content of the property, and to PP’s having allegedly engaged in efforts to disclose, disseminate, and/or commercially exploit the Images, and/or Property, and/or Confidential Information, and any harm suffered by DD therefrom.

2.6 These recitals are essential, integral, and material terms of this Agreement, and this Agreement shall be construed with respect thereto. . . .

4.3 (a) Representations and Warranties and Agreements by DD. The following agreements, warranties, and representations are made by DD as material inducements to PP to enter into this agreement, and each Party acknowledges that she/he is executing this Agreement in reliance thereon:

6.0 Mutual releases. Except for the Rights and obligations of the Parties set forth in this agreement, DD, . . . absolutely and forever releases and discharges PP. . . from any and all claims . . . from the beginning of time to the effective date of this agreement.

“8.6: Each of the parties represents and warrants . . . that this agreement, when signed by all parties, is a valid and binding agreement, enforceable in accordance with its terms.”