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 Stating that the prior contract had been properly rescinded, and a new one established in its place, Fett then received his well earned bounty and returned to Bespin for another session...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 Contracts. Show all posts
Showing posts with label Contracts. Show all posts
Wednesday, February 17, 2010
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.
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.
Labels:
Chewbacca,
Comscan,
Contracts,
Coruscant,
Han Solo,
Implied Contracts,
Legal Fiction,
Life Debt,
Nyklas,
Quasi-Contracts
Sunday, January 17, 2010
Kannavos v. Annino- (Supreme Judicial Court of Massachusetts, 1969)
Ackbar in preparation of leaving Dac to represent the Calamarian Council in negotiations with the Empire, was planning on selling his home. He released a series of announcements over the com-scan network advertising his house as being in first class condition and perfect for first-time house owners, and was eventually able to find ready, willing and able buyers, a young Quarren couple looking to start a family.
As the couple toured the house with Ackbar, their Mon Cal Realtor agent close behind them, the owners inquired as to the condition of the house's structural integrity and foundation. Almost without thinking, Ackbar let slip "It's a tra--traditional style home." Ackbar was about to say that the house was a trap, knowing full well that the house's foundation was on the verge of collapse having been built on unstable structures just above the ocean. The Quarren couple, relying on Ackbar's reputation and statements purchased the house, and as predicted, shortly after Ackbar left Dac, the house collapsed.
While no-one was killed in the incident, the Quarren couple sued Ackbar for making an untrue representation, as by making a statement regarding the house, Ackbar had a duty to be full and forward with his statements regarding the house. While it was true that the buyers could have found out by inquiries with the city council, the fact that Ackbar made these falsified assertions made this distinct from case precedent. The Mon Cal Council found for the couple, not only because of the rationale, but also due to Ackbar not showing up for the court date, as he had been enslaved by the Empire.
As the couple toured the house with Ackbar, their Mon Cal Realtor agent close behind them, the owners inquired as to the condition of the house's structural integrity and foundation. Almost without thinking, Ackbar let slip "It's a tra--traditional style home." Ackbar was about to say that the house was a trap, knowing full well that the house's foundation was on the verge of collapse having been built on unstable structures just above the ocean. The Quarren couple, relying on Ackbar's reputation and statements purchased the house, and as predicted, shortly after Ackbar left Dac, the house collapsed.
While no-one was killed in the incident, the Quarren couple sued Ackbar for making an untrue representation, as by making a statement regarding the house, Ackbar had a duty to be full and forward with his statements regarding the house. While it was true that the buyers could have found out by inquiries with the city council, the fact that Ackbar made these falsified assertions made this distinct from case precedent. The Mon Cal Council found for the couple, not only because of the rationale, but also due to Ackbar not showing up for the court date, as he had been enslaved by the Empire.
Labels:
Admiral Ackbar,
Comscan,
Contract of Sale,
Contracts,
Dac,
Duty to Disclose,
Property,
Quarrens,
Real Estate
Sunday, December 20, 2009
Stambovsky v. Ackley- (Supreme Court, Appellate Division, First Department of New York, 1991)
Pagao, an Ewok formerly of the Dark Moss village was moving into a new part of the forest moon Endor, Bright Tree Village, and had purchased a lovely treehouse at an affordable price. After moving in, however, strange things began to occur. Pagao would often see distressing paranormal occurances such as moving rocks, sticks and other small items within the house. At times, Pagao could swear that he felt the presence of other individuals, even when he was entirely sure he was alone; and at times he was sure he heard voices in a non-Ewok language, including one speaking in a dialect that sounded like a distant cousin of his Fa-zee of the Mu-pat Tribe.
Upon an inquiry with the local shaman, Logray, Pagao discovered that his new house was haunted by three spirits of fallen Jedi warriors, Skywalker, Kenobi and Yoda! Further, the entire village knew of the haunted nature of Pagao's new house, and was a in fact a local legend (much like the visit of Shiny God). Pagao, knowing that such spirits were portents of disaster (following the apocalypse of other tribes as debris for the Second Death Star rained down at high speeds upon the moon), wished to rescind his purchase and the seller refused.
Pagao found justice within a newly formed New Republic Court, which stated that the Galactic common law rule of "caveat emptor" (let the buyer beware) no longer applied, and that since the law arises from facts (also known as the principle of "ex facto jus oritur"), as a matter of equity, the Ewok buyer could have the contract rescinded, and be freed from having to live with the three Jedi spirits. The court noted that the seller's omission of the spirits presence in negotiating as an issue of concealment, as well as delivering a house filled with the spirits of the deceased violated both the warranty deed signed by seller.
However, the most noted part of this opinion was the humor of the Judicial Arbiter, who made repeated puns, and at one point remarked candidly about his opinion of the Ewok people.
*Seriously, though, do yourself a favor and check out this opinion on your own. It's hilarious.
Upon an inquiry with the local shaman, Logray, Pagao discovered that his new house was haunted by three spirits of fallen Jedi warriors, Skywalker, Kenobi and Yoda! Further, the entire village knew of the haunted nature of Pagao's new house, and was a in fact a local legend (much like the visit of Shiny God). Pagao, knowing that such spirits were portents of disaster (following the apocalypse of other tribes as debris for the Second Death Star rained down at high speeds upon the moon), wished to rescind his purchase and the seller refused.
Pagao found justice within a newly formed New Republic Court, which stated that the Galactic common law rule of "caveat emptor" (let the buyer beware) no longer applied, and that since the law arises from facts (also known as the principle of "ex facto jus oritur"), as a matter of equity, the Ewok buyer could have the contract rescinded, and be freed from having to live with the three Jedi spirits. The court noted that the seller's omission of the spirits presence in negotiating as an issue of concealment, as well as delivering a house filled with the spirits of the deceased violated both the warranty deed signed by seller.
However, the most noted part of this opinion was the humor of the Judicial Arbiter, who made repeated puns, and at one point remarked candidly about his opinion of the Ewok people.
*Seriously, though, do yourself a favor and check out this opinion on your own. It's hilarious.
Sunday, November 22, 2009
Jacob & Youngs v. Kent- (Court of Appeals of New York, 1921)
Shortly after the completed construction of the Emperor's new dreamhouse/battlestation, the Death Star, the Emperor along with Vader were inspecting the many features of the exterior of the space station when they stumbled upon what looked to be a thermal exhaust shaft within the equatorial trench of the Death Star.
The two called in the station's designer, Bevel Lemelisk, and pointed out to that within the contracts for him to design and construct the Death Star, there was a specific clause that stated "all thermal exhaust vents must be subject to approval by the Emperor, any thermal exhaust vents built without approval will be rejected and is to be immediately torn down, removed and remade or replaced in accordance with the official drawings and specifications, whenever discovered..."
Lemelisk refused, stating that "It's not a big deal. What possible harm could come from something like this? It's the size of a womp rat." The Emperor refused to pay him, and Lemelisk proceeded to file suit. At trial, the Emperor attempted to defend himself by pointing out the clause, but the Imperial Court refused (which lead to several force electrocutions, chokes and further electrocutions to certain Imperial Justices), stating that the cost of the substantial performance of removing or replacing the intricate duct-work that made the thermal exhaust ports lead straight to the reactive core of the Death Star would be grossly out of proportion to the good attained, and that the Emperor could recover only for the functional difference between a Death Star without such thermal exhaust ports.
The Emperor proceeded to execute Lemelisk following the trial, cloned him, and then executed him again. His rage that day was palpable.
The two called in the station's designer, Bevel Lemelisk, and pointed out to that within the contracts for him to design and construct the Death Star, there was a specific clause that stated "all thermal exhaust vents must be subject to approval by the Emperor, any thermal exhaust vents built without approval will be rejected and is to be immediately torn down, removed and remade or replaced in accordance with the official drawings and specifications, whenever discovered..."
Lemelisk refused, stating that "It's not a big deal. What possible harm could come from something like this? It's the size of a womp rat." The Emperor refused to pay him, and Lemelisk proceeded to file suit. At trial, the Emperor attempted to defend himself by pointing out the clause, but the Imperial Court refused (which lead to several force electrocutions, chokes and further electrocutions to certain Imperial Justices), stating that the cost of the substantial performance of removing or replacing the intricate duct-work that made the thermal exhaust ports lead straight to the reactive core of the Death Star would be grossly out of proportion to the good attained, and that the Emperor could recover only for the functional difference between a Death Star without such thermal exhaust ports.
The Emperor proceeded to execute Lemelisk following the trial, cloned him, and then executed him again. His rage that day was palpable.
Sunday, November 15, 2009
Swinton v. Whitinsville Sav. Bank- (Supreme Judicial Court of Massachusetts, 1942)
Tricky Aadj-Duck Jun sells a summer home to Admiral Ackbar on the newly freed planet Endor. Aadj-Duck Jun knows there to be one clan of Ewoks hiding out in the attic and another camping in the shrubbery surrounding the house. However, he purposely withholds this information from the unsuspecting Admiral, the latter being understandably more shrewd in matters of space warfare than in real estate. Months later, Admiral Ackbar discovers the Ewoks while investigating the mystery of his beloved cat's disappearance. When he sues Aadj-Duck Jun, he loses. This is because there is no liability for bear nondisclosure.
Contributed by Charlie Gokey
Contributed by Charlie Gokey
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.
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
Hawkins v. McGee- (New Hampshire Supreme Court, 1929)
While coming in for several routine tune ups for his cybernetic prosthetic, Medical Droids 2-1B and FX-7 attempted to persuade Luke Skywalker that they could repair his hand and make it "as good as new", further promising him "one hundred percent good hand".
Despite their poor grammar, after several visits the Droids were successful and Luke agreed to undergo their procedure. The droids used an experimental form of "skin grafting" and removed skin from Luke's chest to use as the "new" tissue for the hand. Unfortunately, the tissue used for the graft continued to grow chest hair, and Luke's hand became increasingly hairy, leading to his need to wear a black glove over the hand at almost all times (see, Return of the Jedi).
Luke sued the droids for breach of contract, as well as pain and suffering. The court dismissed the claim for pain and suffering stating that these effects were inherently a part of the procedure that Luke agreed to; however, the court did hold that the Droids were liable to Luke for breach of contract, and that the damages the Droids owed to Luke should be equal to the difference to the hand he received (one that was disgusting and hairy) and the one he was promised (one that was "one hundred percent good hand"). This was based on the reasoning of "expectation interest" which aims to place Luke in the position he would have been, had the Droids not breached the contract.
Despite their poor grammar, after several visits the Droids were successful and Luke agreed to undergo their procedure. The droids used an experimental form of "skin grafting" and removed skin from Luke's chest to use as the "new" tissue for the hand. Unfortunately, the tissue used for the graft continued to grow chest hair, and Luke's hand became increasingly hairy, leading to his need to wear a black glove over the hand at almost all times (see, Return of the Jedi).
Luke sued the droids for breach of contract, as well as pain and suffering. The court dismissed the claim for pain and suffering stating that these effects were inherently a part of the procedure that Luke agreed to; however, the court did hold that the Droids were liable to Luke for breach of contract, and that the damages the Droids owed to Luke should be equal to the difference to the hand he received (one that was disgusting and hairy) and the one he was promised (one that was "one hundred percent good hand"). This was based on the reasoning of "expectation interest" which aims to place Luke in the position he would have been, had the Droids not breached the contract.
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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