Showing posts with label Chewbacca. Show all posts
Showing posts with label Chewbacca. Show all posts

Sunday, January 24, 2010

Webb v. McGowin- (Court of Appeals of Alabama, 1935)

Chewbacca, having been imprisoned on Coruscant for illegally freeing wookie slaves, was being whipped to death by Commander Nyklas. Imperial Lieutenant Han Solo entered the room to inform Nyklas that comscan had detected a vessel containing a new shipment of wookie slaves had been detected dropping out of lightspeed. Before speaking, Solo noticed that the whip in Nyklas' hand was about to deliver a likely lethal blow to the beaten, battered, and bloodied wookie, and overcome with guilt, heroically jumped in front of the whip as it fell. Solo was severely injured in the process (given the fact that the whip had been specifically formulated for the sturdy wookie physiology). Chewbacca then proceeded to remove Nyklas' arms from their sockets, and then decided to form a "life-debt" with Solo for his courageous act, promising to repay his kindness with services as a co-pilot, mechanic, dejarik player and drinking companion for the rest of Solo's natural life in addition to a payment of 15 credits every two weeks.

Following his heroic death at Sernpidal, Chewbacca's estate cut off the biweekly payment of 15 credits to Solo and his family. Solo shortly thereafter filed suit for breach of contract.

The New Republic Court of Appeals eventually held that even though Solo had saved Chewbacca's life without his permission, Chewbacca's life had provided the inherent consideration necessary for contractual obligation. By promising to a life-debt and 15 credits every two weeks, Chewbacca had created an effective contract. The court rationalized this by stating that even though there was no express agreement between Solo and Chewbacca before Solo intervened, Chewbacca almost certainly would have agreed to such a contract had there been time to discuss its terms. The court was relying on the concept of the "quasi-contract" or "implied contract", a "legal fiction" used by courts to imply a contract where in fact one did not exist.

Wednesday, October 28, 2009

Lucy v. Zehmer- (Supreme Court of Appeals of Virginia, 1954)

Lando Calrissian operated a classy restaurant on Corellia before he became the classy administrator of the classiest Cloud City on Bespin. Han Solo, a friend of Lando's who was severely lacking class and hoping to obtain some, came to Lando's restaurant just before close one night and offered to buy Lando's classiest vessel, the Millenium Falcon. Han had discussed this matter with Lando many times before, and each time Lando had politely but sternly assured his "good buddy" that the Falcon simply was not for sale.

This night, Han brought with him a large box of "space wine" and the two began to drink and once again discuss the terms under which Han might buy the Falcon. Han claimed that he could pay 50,000 Imperial Credits cash that he had just saved up from several smuggling jobs via the Kessel Run. Lando said that for 50,000 he'd accept (believing his "good buddy" to be lying and wishing to call his bluff) and sell the Falcon to Han. In an attempt to force Han to admit he didn't have the credits, he even wrote out a contract of sale on the back of one of the restaurant's receipt, and signed it. Han then grabbed the receipt and offered Lando 5 credits down payment to seal the deal. Lando declined, still thinking that Han didn't have the credits. Han then proceeded to get Chewbacca to help him get the rest of the funding together.

When Han came to Lando a week later with the "contract" and the 50,000 credits, Lando refused to convey the start up code to the Falcon, stating that he had been "joking" and that he had never intended to sell the Falcon, that it had all been a joke. Han sued for specific performance, and the court granted, stating that it would have been impossible for Han or anyone else (who wasn't a telepath) to know that Lando was joking from his outward appearance. Lando claimed in court that he was very drunk from the space wine, but the court was not convinced, knowing full well that Lando was a man who could handle his liquors.

Thursday, October 22, 2009

White v Brown- (Supreme Court of Tennessee, 1977)

Han Solo devised a holographic will (which in legal terms means a will written and signed exclusively by the will-writer, but in this case also means an actual hologram) leaving the Millennium Falcon to Chewbacca "to fly in." His will also contained the phrase, "the ship is not to be sold."

After Han died and Chewbacca picked up the Falcon, his wife, Leia Solo, claimed that the ship only belonged to Chewbacca until his death, upon which Han and Leia's children would inherit the Falcon. She based her claim on the phrases in Han's will which limited Chewbacca's rights to the ship, stating that it was her husband's intent that after Chewbacca died, the ship would automatically revert back to the Solo family (This theory is called a Life Estate).

Chewbacca then brought suit against Leia, stating that regardless of the terms of the will, Han intended to give him the ship outright, to be passed on to Chewbacca's heirs after his death (This is known as a Fee Simple Absolute). He believed that the clauses in the will limiting his rights were unlawful and the result of Han writing the will himself, without legal assistance.
The council, citing New Republic law, decided that the prevailing law favored the intent of the will-writer in cases of holographic wills, and that, when intent could not be determined, such wills should be read as assigning Fee Simple titles, rather than Life Estate titles, unless a contrary intent is expressed in either the words or the context of the will.

The council found that, despite Han's phrasing, it was impossible to determine whether he meant to give the Falcon as a Life Estate or as a Fee Simple Absolute. They also found that the phrases limiting Chewbacca's rights to the ship were not strong enough to overcome the law's preference for passing Fee Simple titles, and therefore were unlawful limitations. The council awarded the ship in Fee Simple Absolute to Chewbacca, and voided the parts of Han's will restricting his rights to use the Millennium Falcon as he saw fit.