Lawsuit: Adjourned Dumbyhead1234 v. shadownba [2023] DCR 7

[zLost]

IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
CIVIL ACTION


Dumbyhead1234
Plaintiff

v.

shadownba
Defendant

COMPLAINT
The Plaintiff complains against the Defendant as follows:

I heard that Shadownba, a player I thought was my friend, was starting a business with my spouse, .GrimsGr4ve. I went over and since he needed money to pay someone to build his shop that he had just purchased land for, I loaned him $1,500. We agreed that he could pay me back $2,200 on 12th April 2023. When it was time to repay me, Shadownba was not there. I waited 2 days and yet, he didn't come. He had stole my hard earned money from me, leaving me without a cent repaid. Although I sadly don't have any evidence, I do have a witness.


I. PARTIES
1. Dumbyhead1234 (zLost representing)
2. shadownba

II. FACTS
1. Dumbyhead1234 loaned shadownba 1500$, with shadownba agreeing to pay back 2200$ on 12th April 2023.
2. 2 days have passed since the due date, and shadownba had yet to pay back the loan.
3. Shadownba has not logged into the server for almost three days.

III. CLAIMS FOR RELIEF
1. The plaintiff has suffered damages in the amounts of 2200$, due to shadownba not paying back the loan.

IV. PRAYER FOR RELIEF
The Plaintiff seeks the following from the Defendant:
1. 2200$ given back as agreed by the Defendant.
2. 800$ in late fees.
3. 500$ in legal fees.

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 15th day of April 2023

Witnesses
.GrimsGr4ve

 

[zLost]

Your Honor, would it be possible to subpoena the payment logs to use as evidence?

 

[Banana]

IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
WRIT OF SUMMONS

@shadownba is required to appear before the District Court in the case of Dumbyhead1234 v. shadownba [2023] DCR 7.

Failure to appear within 48 hours of this summons will result in a default judgement based on the known facts of the case.

Both parties should make themselves aware of the Court Rules and Procedures, including the option of an in-game trial should both parties request one.​

 

[Banana]

It is possible to subpoena staff to request the payment logs. This will either happen during witness statements or before a default judgment is made.

 

[Matthew100x]

IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
ANSWER TO COMPLAINT

Dumbyhead1234 (Represented by zLost)
Plaintiff

v.

shadownba (Represented by Matthew100x
Defendant

I. ANSWER TO COMPLAINT
1. Dumbyhead1234 loaned shadownba 1500$, with shadownba agreeing to pay back 2200$ on 12th April 2023.
Defendant disputes this fact on grounds of insufficient evidence as to draw a conclusion on the statement.

2. 2 days have passed since the due date, and shadownba had yet to pay back the loan.
Based on insufficient evidence, the defendant disputes this fact due to a lack of contract.

3. Shadownba has not logged into the server for almost three days.
Defendant affirms this fact, though has since logged on.

II. DEFENCES
1. Defendant wishes to affirm defense that the necessary requirements laid out in Section 4 of the The Contract Law Foundation Act for a contract were not met and alleges that there is no basis for a contract suit based on the current level of evidence. Categorically we wish to raise defenses on the following points:
(a) Offer: Evidence of an offer is not given. There is no way to prove that the offer was not vague or ambiguous. We have no proof of it being written.
(b) Intention to create legal relations: According to 10.2 of the Contract Law Foundation Act, the presumption is that the intention to create legal relations is assumed. However, due to lack of evidence, the presumption that legal relations were created is unfounded and is unfair to the defendant. It is currently alleged that there is contractual relations between the defendant and the plaintiff when the plaintiff has failed to provide the contract in question. Therefore it is safe to argue under 10(3) that we are rebutting any intention to create legal relations based on the following reasons: Lack of certainty and formality and Vagueness on essential terms.

2. When a contract does not meet the necessary requirements to be a contract, the case is normally dismissed. Please see the following cases:

Lawsuit: Dismissed - Lynx v. The Hoard Company [2022] DCR 22

IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT CIVIL ACTION Lynx (Platinum Law Firm representing) Plaintiff v. The Hoard Company Defendant COMPLAINT The Plaintiff complains against the Defendant as follows: On April 3rd, Plaintiff and Defendant came to an agreement that Defendant...

www.democracycraft.net

Lawsuit: Dismissed - Starwarsfan98951 v. Rylint [2021] DCR 75

IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT CIVIL ACTION Starwarsfan98951 Plaintiff v. Rylint Defendant COMPLAINT The Plaintiff complains against the Defendant as follows: WRITTEN STATEMENT FROM THE PLAINTIFF I. PARTIES 1. Starwarsfan98951 2. Rylint II. FACTS 1. The plaintiff...

www.democracycraft.net

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 15 day of April, 2023.

IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
MOTION TO DISMISS

The defense moves that the complaint in this case be dismissed, and in support thereof, respectfully alleges:

1. Failure to support elements necessary for claims of relief to be sufficient.: The Plaintiff has not posted any evidence in support of their arguments. Lack of evidence is not a valid reason for a dismissal of a case, however, the defendant has serious doubts about the authenticity of the claim for relief when it is unsubstantiated by available proof.

2. Frivolous Case: "Lodging a legal case that has no serious purpose or value" Section 7 of the Savior Act. By launching a contract action without a contract, the plaintiff has submitted a frivolous case before the court and has caused the defendant much distress.

3. Lack of Jurisdiction: Lack of a contract would mean there is no adjudicable matter to action over per Lynx v. The Hoard Company as well as section 4.1 of the he Contract Law Foundation Act for any court to decide over.

4. Precedential value: Stare decisis is important and getting cases right on the first time is important. The defendant's counsel is unaware of any cases where the fact set alleged a contract while failed to provide one. This case could be one of first impressions, thus it is important to get this right. Because the plaintiff has not provided a contract, they lack prima facie evidence, and there is no impression to which the plaintiff leaves that any of his facts or claims can be considered with any serious merit. It is thus important to dismiss this case as failing to do so could allow future plaintiffs to sue without showing a contract, resulting in potential cases where defendants default or causing defendants undue burdens in defending themselves from such litigation.

Given all reasons listed thusly, the defendant humbly requests that this case be dismissed.

DATED: This 15 day of April, 2023

 

[zLost]

Your Honor, may we respond to the motion to dismiss?

 

[zLost]

Your Honor, we also have new evidence. May we be permitted to provide that in the response to the motion to dismiss?

 

[Banana]

You may respond to the motion to dismiss, including the new evidence.

 

[zLost]

RESPONSE TO MOTION TO DISMISS

Based on minecraft chat logs, we now have evidence that supports the fact that Shadownba did indeed agree to pay back 2200$, and that an oral contract was made.

We believe that with this new evidence, all of the defendants claims in the motion to dismiss are invalid.

 

[Banana]

The motion to dismiss is rejected, for the following reasons:
1. Lack of evidence is not a valid reason for dismissal. The Defense has acknowledged this, however using the words "failure to support" instead of "lack of evidence" does not make it a more valid reason.
2. See the above point. This allegation of frivolity relies entirely on lack of evidence.
3. Whether or not a contract exists is not a matter of jurisdiction. Claiming that there was no contract is a defense, and has nothing to do with the court's authority.
4. Again, lack of evidence is not a valid reason to dismiss a case. It is up to the Plaintiff to prove that a contract existed and was not fulfilled, through the course of the trial.

We will now move on, and the Plaintiff may present their opening arguments.

 

[zLost]

Your Honor, we would like to motion for summary judgement.

 

[zLost]

OPENING STATEMENT

Although the defence claims that there was no contract in place, let us check the new evidence to see if all requirements were met for it to be a contract.
A contract is defined as:
"A contract is a legally binding agreement that is one over which you can sue or be sued to enforce."
For a contract to be legally binding, there are some requirements set out in The Contract Law Foundation Act

Offer
"(1) A contract must begin with an offer, this is a unequivocal statement of terms on which you are prepared to do business
(2) It cannot be vague or ambiguous
(3) It must be communicated this can be oral written or throw conduct, however the enforceable and safest option will always be written.
(4) The offeree ( person accepting offer ) must know of the offer in order to accept. Coincidental performance of the terms of the offer without knowing of it existence does not create a binding contract."
The terms given orally to shadownba were:
1. You will be paid 1.5k (Dumbyhead1234 tells shadownba a 1000$ start, but then gives 500$ extra to which shadownba agrees)
2. You will have to pay back 2.2k (Dumbyhead1234 asks shadownba if they can be paid back 2200$, to which shadownba also agrees)
3. You will have 3 days to pay back the money. (Dumbyhead1234 states shadownba will have 3 days to pay back the money)

Acceptance
As we see in the evidence, shadownba agrees to all the terms.

Consideration
The contract falls under executory consideration, which is defined as:
"Executed consideration is a promise in return for an act"
As Dumbyhead1234 paid 1500$, to which shadownba promised to pay back 2200$ by 3 days.

Intention to create legal relations
Before Dumbyhead1234 agreed to pay the money, they ask what they can do in case shadownba doesn't pay back the money. To which shadownba responds: "then you could sue". Thus meaning that shadownba infact did have intention to create legal relations.

 

[zLost]

Your Honor, we would like to request an in game trial if the defence agrees.

 

[Banana]

Does the Defense wish to have an in-game trial?

 

[Banana]

In the meantime, the Defense may now present their opening statements.

 

[Matthew100x]

IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
OPENING STATEMENT

Your Honor,

Trust is important in the formation of contracts and in the management of relations. Trust however, is not fact. The defendant cannot in good faith trust the logs that were presented before the court as the quality of evidence is subpar. These Chatlogs are easily manipulatable .txt files. As presented, there isn't any secondary evidence presented that can definitively prove the statements in these "logs". This is not an acceptable standard of evidence as we cannot be sure if the evidence was doctored or not.

We again dispute any contract was made based on factual statements made in this court room. The defendant wishes to reaffirm defense that the necessary requirements laid out in Section 4 of the The Contract Law Foundation Act for a contract were not met and alleges that there is no basis for a contract suit based on the current level of evidence.

The plaintiff has made motion for a subpoena for payment logs. Even if this payment log was acquired and it can be proved that a transfer was made between the plaintiff and the defendant, it cannot be trusted that this was for a loan. How can we say that this wasn't a friend helping a friend with no expectation of a return? How can we say that this wasn't a business deal exchanging items? How can we say that this wasn't money that the plaintiff owed the defendant? Based on current evidence, even with the assumed payment logs, we cannot assume anything.

Allowing this plaintiff to prevail on his claims would be disastrous. If anyone could pay someone else money and then claim via text logs, which could have been doctored, that a loan was made and that they were owed interest, then it would create an avenue for legal theft and scamming. Hypothetically, a scammer could give someone a $2,000 dollar "loan", doctoring the logs, and then make a lawsuit for the interest and potentially profit off a victim. This is why this precedence is so important. Further, now that there is a contract, we would like to refer the court to Lawsuit: Dismissed - The Commonwealth v. xLayzur [2022] SCR 19. In this case, the defendant's motion to dismiss was accepted because "Evidence presented by the prosecution can not be proved credible". Similarly in this case, we argue that the evidence cannot be proven credible and that the plaintiff has no contract to prove their case.

IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
MOTION TO DISMISS

The defense moves that the complaint in this case be dismissed, and in support thereof, respectfully alleges:

1. Non-Credible Evidence: As stated in the Opening argument, we cannot prove the veracity of the text logs. Per Lawsuit: Dismissed - The Commonwealth v. xLayzur [2022] SCR 19, a case is dismissible when evidence is non-credible.

Given the reason listed thusly, the defendant humbly requests that this case be dismissed.

DATED: This 20 day of April, 2023.

 

[Matthew100x]

Does the Defense wish to have an in-game trial?

We do not.

 

[Matthew100x]

Your Honor, we would like to motion for summary judgement.

If Defendant's Motion to Dismiss is denied, then Defendant also wishes to motion for summary judgment.

 

[Banana]

Does the Plaintiff wish to respond to the Motion to Dismiss?

 

[zLost]

Yes, Your Honor.

 

[zLost]

Your Honor, assuming I was given 48 hours for the response, may I request a 24 hour extension as I was on a road trip and unable to access the forums?

 

[Banana]

The extension is granted.

 

[zLost]

RESPONSE TO MOTION TO DISMISS
Your Honor, any evidence is possible to have been edited, whether that be ingame, discord or chatlogs. The defence can prove the veracity of the chatlogs, as they can easily send their own chatlogs to prove that it may have been faked.

As has been precedented earlier in the case, lack of evidence is not a valid reason to dismiss a case, and thus, non-credible evidence should also not be a valid reason to dismiss a case.

The case which the defence has linked was dismissed as there was evidence proving that the evidence was faked, but the defence's argument right now is based merely on speculation with 0 evidence of the chatlogs being faked.

 

[Banana]

The motion to dismiss is overruled, as there is no evidence that would suggest the chat logs are faked. This is a different set of circumstances from those in SCR 19, and will be treated differently as a result.

We will now be moving onto summary judgment, as both parties have agreed. This court is in recess for deliberation.

 

[zLost]

Your Honor, would it be possible to allow the defendant to send their own chatlogs to prove their claim of the chatlogs being faked? I feel it would be unfair if the chatlogs were actually faked and the defence was unable to prove it.

 

[Banana]

If the Defendant wishes to submit chat logs I will permit additional evidence to be submitted for the next 24 hours.

 

[Matthew100x]

You honor, my client does not have a discord. I have attempted to communicate with him ingame but he has not responded. He is unlikely to provide me the textlog for the case within the allotted time. This is not an admission that the screenshots were not faked. The defense still holds that literally anything could've been typed in a .txt file and that it's not an acceptable level of evidence.

 

[zLost]

Apologies, your honor, but it has been more than one week since the court went into recess. The defence, along with us, agree that it is taking too long.

Could we get an estimate to when the verdict will be released? Thank you.

 

[Banana]

Verdict

IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
Dumbyhead1234 v. shadownba [2023] DCR 7

I. PLAINTIFF’S POSITION
1. The Plaintiff and the Defendant agreed to a loan in which the Plaintiff provided $1,500 to the Defendant in exchange for the Defendant repaying the Plaintiff $2,200.
2. The Defendant failed to repay the required amount in the contractually obligated amount of time.

II. DEFENSE’S POSITION
1. The Plaintiff’s evidence, consisting of a chat log in the form of a .txt file, does not constitute significant evidence for an oral contract.
2. The agreement itself was not sufficient to constitute a contract, and thus the Defendant cannot be bound by its terms.

III. COURT’S OPINION
1. Per the Foundation of Contract Law, in order for a contract to be legally binding, there must be an offer, an acceptance, consideration, capacity, legality, legal intent, and format.
2. If any one of these criteria are absent from the contract, it is not legally binding.
3. First, the offer. The offer in this case was clear, it specified how much money was to be loaned, how much to be returned, and when the return was due. This criterion of a contract is met.
4. Second, the acceptance. The acceptance in this case was absolutely not clear, was merely a vague “I think I can make that work” statement, and was actually made before some of the terms in the offer were listed, making it impossible for the acceptance criterion to be met. This element of a contract is not met.
5. Because one of the fundamental elements of a contract was not met, no further elements need to be considered. This offer cannot be considered a legally binding contract, and the Defendant cannot be held to the terms of the agreement.
6. Also because of the lack of proper fundamental elements in either case, the question of the legal admissibility of .txt logs and other forms of evidence will be a question for another day.

IV. VERDICT
I find in favor of the Defendant, and I declare this contract null and void.

The court thanks both parties for their time. This case is hereby adjourned.