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 Stating that the prior contract had been properly rescinded, and a new one established in its place, Fett then received his well earned bounty and returned to Bespin for another session...
Showing posts with label Cloud City. Show all posts
Showing posts with label Cloud City. Show all posts
Wednesday, February 17, 2010
Sunday, February 14, 2010
Hammer v. Dagenhart- (US Supreme Court, 1918)
Lando Calrissian, without doubt the classiest administrator the Bespin Cloud City had ever known, was in a pickle. Lando had just recently been able to bring the tibanna gas mining operation back up to profitable levels through the use of incredibly inexpensive ugnaught labor. The tibanna gas mined by the ugnaught mining crews and frozen in carbonite by ugnaught carbonite tech crews was distributed throughout the galaxy for use in developing hyperdrive and weapon technology. While some had murmured that the 18+ hour shifts and dangerous working conditions the ugnaughts toiled under were immoral, Calrissian easily shrugged off these complaints, knowing full well that the ugnaughts were a hardy, hard-working race. Besides, production was high and the credits were pouring into the station like a Naboo waterfall.
The Galactic Imperial Senate (just before its forceful dissolution) caught wind of this activity, as well as other such clandestine uses of diminutive species labor in the Outer Rim, and fearing a theoretical "race to the bottom" in labor standards throughout the galaxy, raised legislation that set wage levels and affixed limits on the amount of work hours. Under this legislation, any goods constructed from such "scoundrel-esque" and "rogue-ish" uses of labor could be barred from entering interplanetary commerce.
Calrissian, seeing the writing on the wall, had his chief administrator and legal advisor, Lobot, file an injunctive complaint with the Imperial Court, stating that the Imperial Senate had no power to create such legislation, that any supposedly applicable interplanetary commerce clause under the Old Republic constitution would be inapplicable to the Bespin Cloud City's mining activities; that mining as a purely local activity is too indirectly related to interplanetary commerce to fall under the Old Republic Senate's classic means of enacting legislation. The complaint further suggested that Imperial Senate's invocation of the almost ancient clause was merely a "pretext" for enacting legislation affecting purely planetary issues, a firm violation of the Cloud City's sovereignty.
The Imperial Court agreed, stating that the tibanna gas in question was not a harmful item that could be kept out of interplanetary commerce, simply the nature of the gas' mining and manufacturing was offensive to the Imperial Senate. As mining, manufacturing, hydrofarming and other forms of production were all planetary issues out of the Empire's hands (at the time), the Court struck down the legislation, allowing Calrissian's callous use of ugnaught labor to continue. Little did the Imperial Court know however, that by striking down the Imperial Senate's legislation that they had only made it more powerful then they could even imagine... [See, US v. Darby- (US Supreme Court, 1944)]
The Galactic Imperial Senate (just before its forceful dissolution) caught wind of this activity, as well as other such clandestine uses of diminutive species labor in the Outer Rim, and fearing a theoretical "race to the bottom" in labor standards throughout the galaxy, raised legislation that set wage levels and affixed limits on the amount of work hours. Under this legislation, any goods constructed from such "scoundrel-esque" and "rogue-ish" uses of labor could be barred from entering interplanetary commerce.
Calrissian, seeing the writing on the wall, had his chief administrator and legal advisor, Lobot, file an injunctive complaint with the Imperial Court, stating that the Imperial Senate had no power to create such legislation, that any supposedly applicable interplanetary commerce clause under the Old Republic constitution would be inapplicable to the Bespin Cloud City's mining activities; that mining as a purely local activity is too indirectly related to interplanetary commerce to fall under the Old Republic Senate's classic means of enacting legislation. The complaint further suggested that Imperial Senate's invocation of the almost ancient clause was merely a "pretext" for enacting legislation affecting purely planetary issues, a firm violation of the Cloud City's sovereignty.
The Imperial Court agreed, stating that the tibanna gas in question was not a harmful item that could be kept out of interplanetary commerce, simply the nature of the gas' mining and manufacturing was offensive to the Imperial Senate. As mining, manufacturing, hydrofarming and other forms of production were all planetary issues out of the Empire's hands (at the time), the Court struck down the legislation, allowing Calrissian's callous use of ugnaught labor to continue. Little did the Imperial Court know however, that by striking down the Imperial Senate's legislation that they had only made it more powerful then they could even imagine... [See, US v. Darby- (US Supreme Court, 1944)]
Wednesday, January 20, 2010
Ybarra v. Spangard et al- (Supreme Court of California, 1944)
Two days following the Battle of Endor, Han Solo woke up blind. The next day, Solo consulted with a medical droid, who stated that it was a possible side-effect of his time in suspended animation in carbonite weeks earlier. While such a prolonged reaction to the process was rare, the droid stated that the possibility of such a malady was dramatically increased if the process was performed negligently.
When Solo attempted to contact and confront the carbonite crew on Bespin, they refused to respond to inquiries regarding his processing. Han then filed a lawsuit accusing negligence against the crew, relying on the doctrine of Res Ipsa Loquitur.
This doctrine transfers the burden of proof when three elements are satisfied: 1) the harm to the plaintiff must be of the kind which ordinarily does not occur in the absence of negligence, 2) it must be caused by an an agency or instrumentality in exclusive control of the defendant, and 3) the plaintiff must not have contributed to the negligence by voluntary action. The newly reconstructed Republic Court fully agreed, reasoning that the carbonite processing instruments were fully under the control of the bespin crew, and that Han, being fully restrained and in the hands of the Empire could not have contributed to the potential negligence.
Having satisfied all three elements, the burden then transferred to the Bespin carbonite crew to prove that they were NOT negligent in treating Han. The New Republic Court specifically noted that there had recently been a liberalization of the Res Ipsa Loquitur doctrine that encouraged its use in this case. Han was unlikely to have much evidence of negligence by the crew. In order to overcome a "circle of silence", that simply by remaining silent and withholding evidence the carbonite crew could prevail against Han, the doctrine should be applied.
When Solo attempted to contact and confront the carbonite crew on Bespin, they refused to respond to inquiries regarding his processing. Han then filed a lawsuit accusing negligence against the crew, relying on the doctrine of Res Ipsa Loquitur.
This doctrine transfers the burden of proof when three elements are satisfied: 1) the harm to the plaintiff must be of the kind which ordinarily does not occur in the absence of negligence, 2) it must be caused by an an agency or instrumentality in exclusive control of the defendant, and 3) the plaintiff must not have contributed to the negligence by voluntary action. The newly reconstructed Republic Court fully agreed, reasoning that the carbonite processing instruments were fully under the control of the bespin crew, and that Han, being fully restrained and in the hands of the Empire could not have contributed to the potential negligence.
Having satisfied all three elements, the burden then transferred to the Bespin carbonite crew to prove that they were NOT negligent in treating Han. The New Republic Court specifically noted that there had recently been a liberalization of the Res Ipsa Loquitur doctrine that encouraged its use in this case. Han was unlikely to have much evidence of negligence by the crew. In order to overcome a "circle of silence", that simply by remaining silent and withholding evidence the carbonite crew could prevail against Han, the doctrine should be applied.
Labels:
Bespin,
Carbonite,
Cloud City,
Endor,
Han Solo,
Intentional Torts,
Res Ipsa Loquitur,
Torts
Friday, October 23, 2009
Gammon v. Osteopathic Hospital of Maine- (Supreme Court of Maine, 1987)
Lobot, Lando Calrissian's assistant on the floating Cloud City on Bespin was grieving his recently deceased mother, as well as the loss of his employer Lando Calrissian due to his high-stakes contracting with the Empire (see Williams v Thomas-Walker Furniture Co- (Federal Court of Appeals-DC Circuit, 1965). Later that day, Lobot received a package from the Cloud City infirmary that he believed contained his dead mother's personal effects. When he opened the bag, he discovered that it only contained Luke Skywalker's severed hand, which while cauterized by Darth Vader's lightsaber strike, had begun to rot and turned blue in the process.
Lobot claimed to suffer emotional distress from the incident, having cyborg/human relations malfunctions and administration-related nightmares, growing distant from his family. Lobot did not report any physical ailments suffering from his emotional distress, nor did he seek professional help from the Cloud City counselor.
He sued the Cloud City infirmary for emotional damages. The court ruled that while Lobot was not within the "zone of danger", he had satisfied the court's newly established test that an individual must suffer "more emotional damage than a reasonable cyborg could bear", and held that the infirmary was obviously negligent in its mishandling of bodily remains. The court also noted that as family member of someone who was recently deceased, Lobot was much more likely to be trustworthy, limiting concerns of future floods of litigation.
Lobot claimed to suffer emotional distress from the incident, having cyborg/human relations malfunctions and administration-related nightmares, growing distant from his family. Lobot did not report any physical ailments suffering from his emotional distress, nor did he seek professional help from the Cloud City counselor.
He sued the Cloud City infirmary for emotional damages. The court ruled that while Lobot was not within the "zone of danger", he had satisfied the court's newly established test that an individual must suffer "more emotional damage than a reasonable cyborg could bear", and held that the infirmary was obviously negligent in its mishandling of bodily remains. The court also noted that as family member of someone who was recently deceased, Lobot was much more likely to be trustworthy, limiting concerns of future floods of litigation.
Labels:
Bespin,
Cloud City,
Emotional Harm,
Lando Calrissian,
Lobot,
Luke Skywalker,
Severed Limbs,
Torts
Thursday, October 22, 2009
Williams v Thomas-Walker Furniture Co- (Federal Court of Appeals-DC Circuit, 1965)
Lando Calrissian is the Baron Administrator of Cloud City, on Bespin. In an attempt to stave off an invasion by the Empire, Lando makes a deal with Darth Vader, trading the rebel Han Solo and his companions for the continued survival and independence of the people he represents. However, Darth Vader uses high pressure tactics, like blackmail and threats of violence to induce a deal where he holds more bargaining power, and effectively removes any meaningful choice Lando might have had in negotiating the terms or in accepting the bargain. Additionally, Vader continually adds to and modifies the terms of the deal, allowing him to unfairly advantage until the deal is so one-sided that Lando no longer gains anything from the bargain. When Vader brings suit against Lando for breaking the deal and helping Han and Leia escape, the council will find that the deal is unconscionable, both procedurally (in the formation of the deal) and substantively (in the terms of the deal) and will refuse to enforce it as a matter of law.
Labels:
Bespin,
Cloud City,
Contracts,
Darth Vader,
Lando Calrissian,
Unconscionability
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