Lawsuit: Dismissed BlueladderConstruction.INC vs HingedMoon (Quackify) FCR 104

[Bibsfi4a]

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
CIVIL ACTION


BlueladderConstruction.INC (bibsfi4a representing)
Plaintiff

v.

HingedMoon
Defendant

COMPLAINT
The Plaintiff complains against the Defendant as follows:

-A breach of contract was done
-Defendant was a employee at BlueladderConstruction.INC
-HingedMoon left the job without paying a fees of $5000.

WRITTEN STATEMENT FROM THE PLAINTIFF:
HingedMoon signed a contract with me stating he cant leave the job at BlueladderConstruction.INC without paying a fees of $5000.
HingedMoon decided to break the contract and leave the job as well as not respond on discord for a while.

I. PARTIES
1. BlueladderConstruction.INC
2. HingedMoon

II. FACTS
1. Defendant asked for a job at the company BlueladderConstruction.INC
2. Company asked the defendant to sign a contract.
3. One of the term of the contract was broken.
4. The contract stated that before leaving the job at BlueladderConstruction.INC , defendant needed to pay the company $5000.
5. $5000 dollars was not paid.

III. CLAIMS FOR RELIEF
1. The following law is broken-

Act of Congress - The Foundation of Contract Law (CLF)

A BILL To _____________ Establish the foundation of Contract Law The people of Democracy Craft, through their elected representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law: 1...

www.democracycraft.net

IV. PRAYER FOR RELIEF
The Plaintiff seeks the following from the Defendant:
1. $1000 dollar legal charges
2. $5000 for leaving the company and breaking the terms of contract.

Exhibit A- HingedMoon claiming to quit the job

Exhibit B- HingedMoon agreeing to the contract (Here the 1st term of the contract is broken.)

By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.

DATED: 26/12/2022

 

[dygyee]

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
WRIT OF SUMMONS
@HingedMoon is required to appear before the court in the case of the BlueladderConstruction.INC v. HingedMoon [2022] FCR 104. Failure to appear within 48 hours of this summons will result in a default judgment in favor of the plaintiff.

I'd also like to remind both parties to be aware of the Court Rules and Procedures, including the option of an in-game trial should both parties request one.​

 

[Jakovus]

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
ANSWER TO PLAINTIFF'S COMPLAINT

Good day, your honour, counsel of the opposing bench.

First, I will go through the facts and whether the Defendant agrees or rejects them.

1. The Defence does not dispute this claim.
2. The Defence does not dispute this claim, to an extent. We hold this treaty was not legal, and thus legally powerless, rendering it null and void.
3. The Defence unequivocally rejects this claim, and our rejection is grounded in points of law. Namely, this contract is from the very start illegal and unconstitutional, and for the following reason:

• The contract in its current form, and in the form when it was signed, clearly violates The Foundation of Contract Law, specifically §6, points 1 & 2, because it does not begin with an offer, it does not specify the work, what is done, to what extent, what are the terms of employment or what is the pay. For all we know, this could be a contract for peonage. For this reason, this contract is contrary to the law, and null and void.
• The contract is unconstitutional, as it violates Part IV, §32, point XIV, specifically the part guaranteeing the right to liberty of an individual. The Defence holds that this contract is one which holds anyone who signs it hostage to a ransom of $5,000 just to leave their job. This deprives the Defendant of their liberty to choose employment freely, liberty to live freely and their liberty to resign freely. If the Defendant lacks the said funds, and the employer does not pay the Defendant, because as per the contract they are not obliged to, then the Defendant is entrapped in the contract and deprived of their freedom and liberties as stated above. For this reason, the contract is unconstitutional.

4. The Defence does not dispute this claim.
5. The Defence does not dispute this claim.

The Defence wants to furthermore point out that the Plaintiff failed to provide in their original filing a proper claim for relief, they have just stated that a law is broken, not how and why that damages the Plaintiff.

Thank you.

Proof of Consent to Represent:
In attachment


By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.

DATED: This 29th day of December, 2022

 

[Jakovus]

Your honour, I apologise. I named my recent speech as an Opening Statement, rather it should be Answer to Complaint. Am I allowed to amend it?

 

[dygyee]

Yes you may amend the title.

 

[dygyee]

We will now move on to opening statements. The Plaintiff has 48 hours to post their opening statement.

 

[Jakovus]

On another note, your honour, the primary counsel for the Defendant will be @RelaxedGV and I will be withdrawing from the case.

 

[Bibsfi4a]

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT

Opening Statement

Good day , your honour
I would like to provide with some facts.

Facts-
Your honour the foundation of contract law is not violated-


§6, point 1 states

A contract must begin with an offer, this is a unequivocal statement of terms on which you are prepared to do business.

Here , a offer is given to the defendant which is employement. You can see the title of the contract which states
Official Employement terms for BlueladderConstruction.INC.
Employement is offered here to HingedMoon which he accepts.
So this way point 1 is not violated.

§6, point 2 states
(2) It cannot be vague or ambiguous.

Defendant Counsel claims-
it does not specify the work, what is done, to what extent, what are the terms of employment or what is the pay. For all we know, this could be a contract for peonage. For this reason, this contract is contrary to the law, and null and void.
Your honour , the work specified here is employement, the pay and work is decided in the above conversations.
Furthermore I would like to provide proof of contract which specified the job and pay (both of the contracts are connected , and this is the second part to the contract)

Defendant also claims-

The contract is unconstitutional, as it violates Part IV, §32, point XIV, specifically the part guaranteeing the right to liberty of an individual.

Your honour , as you may know the Foundation of Contract law states that a contract is a legally binding contract.
If this logic is applied , almost all contracts are void and null.
The constitution states that every citizen has liberty but in this case HingedMoon agreed to the contract , making it legally binding to him. Libery here means (according to google)-
the state of being free within society from opressive restrictions imposed by authority on one's way of life, behaviour, or political views.
Here no opressive restrictions were imposed on HingedMoon. The contract clearly states HingedMoon has the right to leave his job. But he shall pay $5000.

For example-
A gives B a loan of $10,000 dollar.
A makes a legally binding contract that B that they shall be put in jail for 5 years if amount is not paid back.
B does not repay the loan and is now jailed for 5 years.
B goes to the court and claims that his right to liberty is being violated.
Now , I would just like to ask the court , if this case shall be won by the defendant , this shall basically make the Foundation of Contract law null and void.
Every contract shall be null and void due to the fact it is legally binding and in many cases violates liberty of a person.

Your honour , even in the case of Lynx vs AryaBroz , which had the same exact situation , the verdict was ruled in the favour of Plaintiff (lynx).

By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.

DATED: This 29th day of December, 2022

 

[dygyee]

Thank you to the Plaintiff for their opening statement. The Defendant now has 48 hours to post their opening statement.

 

[RelaxedGV]

OPENING STATEMENT

Your Honor, Opposing Council

The Contract in itself is illegal. Because the contract only states what would happen if the contract is broken this clearly shows that there is no benefit for the person agreeing to the contract. In the Foundation of Contract Law (Evidence A), one of the reasons for an unfair contract would be "Would the term cause the contractee detriment (financial or non-financial) if the contractor tried to enforce it?". Given the amount being asked is $5,000 not everyone would be able to pay it all especially if the contractee resigned from the entire server.

With the same statement being looked into the perspective of this case we also see that the $1,000 fine every day after failure to respond to Discord for 48 hours would also be detriment to enforce. For a person who focuses on just getting money this would be no issue however the Defendant still has under 2 days of playtime and is still fairly new to the server which would mean that they would not know the best locations to sell items. Thus there is no definitive way to know if the Defendant could even make enough money to reach the $1,000 a day. This would not include whether or not the Defendant was on/having vacation, irl issues, etc.

In the Contract it also states that you cannot create a competing company to Blue Ladder Construction even if you are a former employee. This is simply infringing on the Defendants freedoms as the Defendant cannot create a Construction Company even if it is not meant to compete with Blue Ladder Construction. If everyone is meant to have the freedom to create a company or build almost whatever (assuming it breaks no laws) then why even after leaving the company can they not create a Construction company?

We have not even touched on the $20,000 that would be taken if you had broken any term in the contract. If you leave you position then you would be getting a $25,000 fine just for wanting to work somewhere else or leaving the server. This is simply outrageous and unfair given the amount. The Defendant again will not get anything in return for partaking in the contract and following it perfectly.

Evidence A - (don't mind my mouse cursor)

Act of Congress - The Foundation of Contract Law (CLF)

A BILL To _____________ Establish the foundation of Contract Law The people of Democracy Craft, through their elected representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law: 1...

www.democracycraft.net

 

[RelaxedGV]

MOTION TO STRIKE

In the Prosecutions opening statement they provided another contract as evidence however the case was started with only the original contract being looked at and contested thus the second contract should be stricken from the record and not be included in the trial. If both are wanting to be enforced then two lawsuits should be opened up for each or both should have been made into a single trial before making the lawsuit.

 

[dygyee]

I will be accepting the motion to strike. While the Plaintiff says the contracts are connected, it appears to be a completely separate contract. The photo that they supplied in their opening statement will not be considered when writing the verdict.

We will now move onto witnesses. Both parties have 48 hours to provide their list of witnesses or state that they have none.

 

[Bibsfi4a]

Your honour , the plaintiff has no witness to call.

 

[RelaxedGV]

Your Honor, Opposing Council

The defense has no witness(es) to call

 

[dygyee]

We will now move onto closing statements. The Plaintiff has 48 hours to post their closing statement.

 

[Bibsfi4a]

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
MOTION TO NOLLE PROSEQUI

Your honor and opposing counsel,

The Plaintiff would like to issue a Motion to Nolle Prosequi because, after consulting with legal counsel, the Plaintiff has recognized that the contract is in fact illicit. The Plaintiff would like to apologize for the difficulty this might have caused the Defendant and the Plaintiff would like to wish everyone a happy new year.

 

[dygyee]

At the request of the Plaintiff, the charges have been dropped and this case is hereby dismissed.