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 Stating that the prior contract had been properly rescinded, and a new one established in its place, Fett then received his well earned bounty and returned to Bespin for another session...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 Darth Vader. Show all posts
Showing posts with label Darth Vader. Show all posts
Wednesday, February 17, 2010
Wednesday, January 13, 2010
Proctor v. State- (Criminal Court of Appeals of Oklahoma, 1918) [Back to Buisness]
Shortly following the Emperor's initiation of Order 66, the secondary market for Jedi lightsabers exploded, with hundreds filling the black markets on Coruscant. While the statutory language of Order 66 largely dealt with the removal of Jedi commanders, §A(3) made it illegal for any citizen of the Empire to possess Jedi paraphernalia with the intention of practicing the Jedi arts, including the use of lightsabers; punishable by death by means of firing squad, force choke or lightning. Mere ownership of lightsabers exclusively, however, was not illegal.
Marso Yula was a low level bureaucrat and Imperial officer on Coruscant who secretly collected lightsabers purchased from bounty hunters, stormtroopers, and the black markets. Yula wished to learn the ways of the Jedi, but had never acted upon these intentions. While following a tip in efforts to obtain the light saber of fabled Jedi Qui-Gon Jinn, Yula was arrested by a stormtrooper raid and later charged under violation of Order 66, §A(3).
However, upon review by the Coruscant division of the Imperial Court of Appeals Order 66 §A(3) was termed "inoperative and void." The court held that since ownership of lightsabers was entirely legal, the fact that Yula had an illegal intent to learn the Jedi arts was immaterial. Under the Imperial Penal Code, charging an individual with a crime required BOTH a physical act (Actus Reus) and an intent to act illegally (Mens Rea). While Yula may have (and in fact, did) intended to act illegally by learning the ways of the Jedi, the unfilled action meant a lack of "Actus Reus", and thus Yula could not be charged with a crime. Order 66 §A(3) was then struck down for its problematic requirements, and Yula was released, but was compelled to "donate" her collection to Darth Vader via a most persuasive force gripping.
Marso Yula was a low level bureaucrat and Imperial officer on Coruscant who secretly collected lightsabers purchased from bounty hunters, stormtroopers, and the black markets. Yula wished to learn the ways of the Jedi, but had never acted upon these intentions. While following a tip in efforts to obtain the light saber of fabled Jedi Qui-Gon Jinn, Yula was arrested by a stormtrooper raid and later charged under violation of Order 66, §A(3).
However, upon review by the Coruscant division of the Imperial Court of Appeals Order 66 §A(3) was termed "inoperative and void." The court held that since ownership of lightsabers was entirely legal, the fact that Yula had an illegal intent to learn the Jedi arts was immaterial. Under the Imperial Penal Code, charging an individual with a crime required BOTH a physical act (Actus Reus) and an intent to act illegally (Mens Rea). While Yula may have (and in fact, did) intended to act illegally by learning the ways of the Jedi, the unfilled action meant a lack of "Actus Reus", and thus Yula could not be charged with a crime. Order 66 §A(3) was then struck down for its problematic requirements, and Yula was released, but was compelled to "donate" her collection to Darth Vader via a most persuasive force gripping.
Labels:
Actus Reus,
Coruscant,
Criminal,
Darth Vader,
Emperor Palpatine,
Intent,
Lightsabers,
Marso Yula,
Mens Rea,
Order 66,
Qui-Gon Jinn
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.
Wednesday, November 18, 2009
Wishnatsky v. Huey- (Court of Appeals of North Dakota, 1998)
On board the Executor the Emperor and Vader were having a serious Sith Master/Apprentice discussion about pressing Force related issues (namely capturing that slippery Luke Skywalker), Admiral Firmus Piett wanted to inform Vader that comscan had picked up some interesting activity. Piett entered Vader's lair without knocking, and Vader instinctively used the Force to shut the doors. Piett collided into the now shut doors and fell backwards against the wall.
He sued Vader for battery, however an imperial court granted Vader summary judgment, stating that as a matter of law, it was not a battery. This was affirmed by the higher court, stating that the contact had been "momentary, indirect, and incidental," and that Vader's actions were "rude and abrupt" but would not "be offensive to a reasonable sense of personal dignity." The court basically implied that Piett was a crybaby, something that would stay with him for the rest of his life until an A-Wing crashed into the deck of the Executor. Probably because he actually was a bit of a crybaby.
He sued Vader for battery, however an imperial court granted Vader summary judgment, stating that as a matter of law, it was not a battery. This was affirmed by the higher court, stating that the contact had been "momentary, indirect, and incidental," and that Vader's actions were "rude and abrupt" but would not "be offensive to a reasonable sense of personal dignity." The court basically implied that Piett was a crybaby, something that would stay with him for the rest of his life until an A-Wing crashed into the deck of the Executor. Probably because he actually was a bit of a crybaby.
Labels:
Battery,
Comscan,
Darth Vader,
Emperor Palpatine,
Firmus Piett,
Intentional Torts,
The Executor,
Torts
Wednesday, November 11, 2009
Lakotos v. Billotti- (Supreme Court of Appeals of West Virginia, 1998)
Anakin Skywalker, padawan, and Padme Amidala, senator, were secretly married on the planet Naboo. There they kept a secret home, which was held by both of them in joint tenancy with right of survivorship (They both shared an equal interest, with one gaining full control of the property when the other died). For a while everything was totally cool, and Padme got totally preggers. Then Anakin made his inevitable turn to the dark side. After hearing of her husband's slaughterfest at the Jedi temple, Padme hitched a ride with Obi-Wan to meet Anakin and confront him on the planet Mustafar. Anakin, now Darth Vader, suspecting Padme of being in cahoots with Obi-Wan, and wanting the Naboo home all for himself, Force-choked her like crazy, until she eventually died. As the surviving spouse, Vader was now the sole possessor of the property on Naboo and held it until his children grew up and sued him. Although Vader was legally entitled to the property, the council found that it should go to Luke and Leia, citing the Empire's slayer statute, which states that a murderer is not allowed to benefit from his wrongdoing, and that the property should therefore go to Padme's heirs.
Labels:
Anakin Skywalker,
Darth Vader,
Joint Tenancy,
Mustafar,
Naboo,
Padme Amidala,
Property
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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