Wednesday, February 17, 2010

Schwartzreich v. Bauman Basch, Inc.- (Supreme Court of New York, 1921)

Jabba the Hutt, frustrated by a certain smuggler's ongoing debt, employed the intergalactic bounty hunting services of Boba Fett. Jabba, following the the underworld's news feeds, suspected that Solo would likely head towards the Cloud City. Jabba then had Bib Fortuna write up a lengthy contract regarding the bounty on Solo. The terms of the contract stipulated that Fett was to travel to the Outer Rim in his hunt for the elusive Solo, and upon his capture was to immediately return to Tatooine. Fett signed the contract and proceeded to Slave I to begin fulfilling his obligations under the contract.

Along the way, Fett was summoned by Darth Vader and amongst his bounty hunting peers aboard the Super Star Destroyer Executor, was given additional (ie, superior) monetary consideration for the capture of Solo. While Jabba promised a healthy bounty, Vader assured the same bounty and that he would surrender his hypothetically unending legal right to force choke Fett at any time. Fett then hailed Jabba over comscan, informing him of the new arrangement with Vader. Jabba offered to increase the bounty, and the two formed a new contract, which Fortuna forwarded to Fett over comscan.

Soon after, Fett was able to capture Solo on the Cloud City of Bespin, and began his return transit to Tatooine, but did not contact Jabba to inform him of the news. In the interim, Jabba realized that Fett simply could not be trusted to fulfill duties under the contract, and contracted Dengar to do the job for less. Just as Slave I returned to Tatooine orbit, Jabba transmitted the news to Fett, and summarily refused to pay Fett the bounty.

Fett sued for breach of contract, with the bounty as expectation damages. Jabba argued that the second contract with Fett was a coercive contract for a pre-existing duty to perform. Fett argued that he and Jabba had mutually consented to terminate the original before enacting the latter contract, and the court agreed. Stating that the prior contract had been properly rescinded, and a new one established in its place, Fett then received his well earned bounty and returned to Bespin for another session...

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