Lawsuit: Adjourned dygyee v. Bombaz2005 [2021] FCR 105

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I would like to add to my previous statement, to further answer the second questoin, when I said "2 weeks-ish" that was assuming I would get on at relatively normal hours and for relatively long periods of time. Of course, due to APs and school, that was not possible.
 
I would like to ask a follow on up question based on your answers.
You claim that AP work is a reason why you were unable to do a lot of work. However you knew that you were taking AP classes prior to making the deal, correct?
 
Does any of both sides want to add new evidence?
 
Wuutie said:
Does any of both sides want to add new evidence?
Click to expand...
I would like my follow up question answered by the witness, but I have no new evidence to present.
 
In this case, you have heard about what our client believed, what LazyTitan believed and their ability to work on the plot. We can strip this all away and focus on one simple issue.

Have all the criteria for a valid contract been met for each of the various “mini” contracts that the Plaintiff argues he made with our client? As laid out in Maxterpiece vs Czar Chief, a contract must be offered and accepted.

Since each of the conditions were offered separately, and the ones that were accepted, were accepted separately. each of these terms must be viewed as separate contracts. So therefore we must ensure that each term of the contract provided by dygyee has been accepted.

“That’s fine” is not accepting a contract, it is agreeing that it is reasonable. Accepting would require a promise on the side of the acceptee to abide by the terms. This is merely an acknowledgement that that term is reasonable, and the parties can continue negotiating.

Furthermore, evidence about what our client and LazyTitan thought they agreed to is not pertinent. They are not lawyers, and their understanding of the agreements that they made, or more importantly the lack thereof, is not of concern to this court, only the language in the conversation between the Plaintiff and our client.

Above all, our client was unable to complete the project due to a family members death. This Court should not rule that the server takes priority over real-life.

If this Court errs, and finds that the contract has been accepted, and disregards our clients inability to complete the project, the Plaintiff is still not entitled to full damages.

Since the Plaintiff represented himself, he is not entitled to legal fees. He has clearly not incurred any costs as a part of this lawsuit, as he would have to be charging himself.

Additionally, the Plaintiff has provided no evidence of lost profits or that customers would have used his apartments, not even how much he intended to rent his apartments for.

Finally, the Plaintiff is not entitled to the entirety of his direct damages, since our client completed 1/19th of the work he was paid for, and logic shows that he must keep the payment for that work, otherwise this Court will be creating a legal loophole for employers to not pay their employees for the work they complete.
 
Objection on a breach of procedure.
We are not up to closing statements yet, and this is not any new evidence. We are still waiting for the witness, Bombaz2005 to answer his follow up question, and this court has been waiting longer than the time that was given the witness to answer the question. The plaintiff requests that you charge both the defendant as well as the defendant's council with contempt of court.
 
Objection granted, I asked the witness to answer the question first and then the closing statement. @Bombaz2005 24 hours have gone past and you did not answer. I hereby order the DoJ that the witness has to be fined 250 dollars for Contempt in Court.
 
I knew I was taking AP classes before the deal was made, correct.
 
Sorry, "within 24 hours" was sent at 3 am yesterday in my timezone.
 
Well that does not matter. 24 hours is a reasonable time for a small answer. That does not matter if it was 3 am because you had all day to answer. Thank you for attending this lawsuit. I dismiss you as a witness from this case now

Does the Plaintiff want to submit a new closing statement? Please answer with one,if you want, within 48 hours
 
Closing Statement:
Throughout this case, I, the plaintiff, have proven that the defendant, Bombaz2005, was responsible for the completion of the interior of the building of plot C-055. Furthermore, the court has heard through witness testimony that the defendant knew about, and acknowledged to people he hired that there was a time limit to complete the building. The court has also seen and heard from evidence and witness testimony that both Bombaz2005, and the person he hired were able to build on plot C-055, and that there was nothing in game preventing either of them from completing this job. In defendant's testimony, he said that there were 2 problems that he dealt with in real life. The first one was a surprise that he didn't know about. Unfortunately one of his family members died. However even after his family member died, the defendant said that he would still be able to finish the building in about 2 weeks. The other problem that the defendant faced in real life was his AP class work, however he knew that he was taking AP classes prior to agreeing to the terms of the contract. This means that nothing changed after September 30th when the defendant said he would be able to complete the job in 2 weeks.
And while it is horrible that the defendant's family member died, the defendant is still responsible to complete the job that the defendant got paid for. And because the defendant didn't complete the job he got paid for, he shouldn't be allowed to keep the money that he was paid to complete the job because he didn't complete the job.

Because this is a civil case and not a criminal case, in order for the plaintiff to pass the burden of proof, the claims for relief need to be more likely to have happened than not. This leads me into my next point. More likely than not, if the interior of the building was completed in the time that Bombaz2005 agreed to, I would have made profits from people renting out the apartments as there are about 18 floors of rentable spaces that the defendant was supposed to design and build.

Overall, I believe that I, the plaintiff, have proven beyond my burden of proof that the defendant failed to abide by the contract that he agreed to which also caused a loss in profit.
 
Sorry about the early closing statement. I didn’t see the follow up question from dygyee since the second page didn’t load properly for me. I repeat the same here.

In this case, you have heard about what our client believed, what LazyTitan believed and their ability to work on the plot. We can strip this all away and focus on one simple issue.

Have all the criteria for a valid contract been met for each of the various “mini” contracts that the Plaintiff argues he made with our client? As laid out in Maxterpiece vs Czar Chief, a contract must be offered and accepted.

Since each of the conditions were offered separately, and the ones that were accepted, were accepted separately. each of these terms must be viewed as separate contracts. So therefore we must ensure that each term of the contract provided by dygyee has been accepted.

“That’s fine” is not accepting a contract, it is agreeing that it is reasonable. Accepting would require a promise on the side of the acceptee to abide by the terms. This is merely an acknowledgement that that term is reasonable, and the parties can continue negotiating.

Furthermore, evidence about what our client and LazyTitan thought they agreed to is not pertinent. They are not lawyers, and their understanding of the agreements that they made, or more importantly the lack thereof, is not of concern to this court, only the language in the conversation between the Plaintiff and our client.

Above all, our client was unable to complete the project due to a family members death. This Court should not rule that the server takes priority over real-life.

If this Court errs, and finds that the contract has been accepted, and disregards our clients inability to complete the project, the Plaintiff is still not entitled to full damages.

Since the Plaintiff represented himself, he is not entitled to legal fees. He has clearly not incurred any costs as a part of this lawsuit, as he would have to be charging himself.

Additionally, the Plaintiff has provided no evidence of lost profits or that customers would have used his apartments, not even how much he intended to rent his apartments for.

Finally, the Plaintiff is not entitled to the entirety of his direct damages, since our client completed 1/19th of the work he was paid for, and logic shows that he must keep the payment for that work, otherwise this Court will be creating a legal loophole for employers to not pay their employees for the work they complete.
 
Thank you both parties, I’ll need some time to review the case but hope to get a verdict in coming week.
 

Verdict



IN THE COURT OF COMMONWEALTH OF REDMONT
VERDICT

Case No. 10-2021-13

I. PLAINTIFF’S POSITION
The Plaintiff had a contract with the Defendant about the completion of the Plaintiff's building within a set time. The Defendant agreed on the terms of the contract and was set to begin building. The Defendant failed to complete it within the set time, so he failed to abide by the contract. Because of the breach in the contract, the Plaintiff lost profits. He also showed that the Defendant had no excuses for the delay and not completion of the build. He understands that the conditions were tough but granted a delay and a worker to help. This is not an excuse for breaking the contract.

II. DEFENDANTS POSITION
The Defendant believes that there was no contract set following the precedent set in the Maxterpiece v. Czar Chief. There needs to be an offer and acceptance of that offer to have a contract set. The answer to that offer was: "that's fine." This sounds not like an acceptance of an offer and so no contract was set. Even if a contract took place, the Defendant's real-life situation was dramatic because of the loss of a family member and school work.

III. THE COURTS OPINION
A contract only takes place when: an offer was made, the offer is accepted, consideration, and finally creation of legal relations. The Court agrees that there was made an offer by the Plaintiff. The Acceptance of the contract was sounded vague but that answer does intent to accept the offer made. So there was an acceptance of the contract. The consideration was there as well when the labor of the Defendant was paid by the Plaintiff with money. And as seen in the screenshots there was a creation of legal relations. The Court also believes that pressure on the Defendant was not the case, so a contract was set. The contract included a timeframe of 3 weeks and this was violated by the Defendant. This means that the money that was sent needs to be paid back but only the money. When a violation of a contract has taken place the transfer of for example money needs to be transferred to the victim but no fine can be given unless the contract stated that a fine needs to be paid. The party who breached the contract does not have the right to ask his part back! The Court does acknowledge the conditions the Defendant has been but the Plaintiff was very friendly by sustaining help and a follow-up of the situation. The Court also thinks that the server is secondary to real life. This is why the court will take the situation into account for the verdict. To conclude: A contract was taken place and the Defendant did not abide the contract.

IV. VERDICT
The Court rules in favor of the Plaintiff.

The Court orders the following:
- The Defendant to pay the Plaintiff $30,000.

The Court would like to express his condolences for the Defendant.
The Court thanks each party for his time.

 
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