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.
Sunday, January 24, 2010
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.
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.
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.
Monday, January 11, 2010
Hypothetical 2 [See Palsgraf v. Long Island Railroad Co.- (Court of Appeals of New York, 1928)]
At the Boonta Eve Classic, Ody Mandrell's droid accidently was pulled through his pod's engine, causing an explosion that set off a chain reaction that caused a large part of the stands of the Mos Espa Grand Stadium to collapse and crushed Ziro the Hutt's prized jester Gibberous Crumb, injuring him severely. Crumb sues Ody Mandrell for negligence. What result?
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