Lawsuit: Adjourned Snow_crp v. AndreaSP15 [ 2024] FCR 43

[Unseatedduke1]

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
CIVIL ACTION​

Snow_crp (Represented by Dragon Law)
Plaintiff

v.

AndreaSP15
Defendant

COMPLAINT
The Plaintiff complains against the Defendant as follows:

On March 5th, 2024, an agreement was entered into between the Plaintiff and the Defendant. Per the terms of the agreement, the Plaintiff was to undertake the construction of a building in exchange for a payment of $50,000 from the Defendant. Initially, the Plaintiff commenced work and completed 20% of the construction by March 9th, 2024. The Defendant abruptly instructed the Plaintiff to cease work with the statement, "u can stop doing the build for now," and failed to remit any payment for the work completed. The Defendant offered the Plaintiff another job to excavate a large hole for a payment of $30,000. The Plaintiff diligently completed the excavation job in its entirety, providing screenshots of the finished task to the Defendant as proof of completion. However, instead of fulfilling their payment obligation, the Defendant requested further work within the same hole. Upon completion of the additional work, the Defendant instructed the Plaintiff to open a Discover bank account for the purpose of receiving the $30,000 payment. The Plaintiff complied with this request and informed the Defendant accordingly. Despite this, the Defendant has failed to make any payment, merely assuring the Plaintiff with the statement, "ill transfer you money soon." Efforts to resolve the matter through direct communication with the Defendant, both in-game and through legal representation by Dragon Law, have been fruitless. The Defendant and their legal representative feigned ignorance regarding the outstanding amount owed, further exacerbating the Plaintiff's financial losses and causing undue distress.



I. PARTIES

1. Snow_crp (Plaintiff)
2. AndreaSP15 (Defendant)

II. FACTS

1. On March 5th, 2024, an agreement was established between the Plaintiff and the Defendant, wherein the Plaintiff undertook to construct a building for a sum of $50,000. (Exhibit A)

2. On March 9th, 2024, after the Plaintiff had completed approximately 20% of the building construction, the Defendant instructed the Plaintiff to cease further progress on the project. Despite the completion of this initial portion of work, the Defendant failed to compensate the Plaintiff for any of the completed tasks. (Exhibit B)

3. Following the cessation of the building project, the Defendant proposed a new job to the Plaintiff, involving the excavation of a substantial plot of land. Upon the Plaintiff's completion of this excavation task, the Defendant requested additional work within the same excavation site. (Exhibit C | C.1 | C.2 | C.3)

4. Upon the full completion of the additional tasks, the Defendant instructed the Plaintiff to open a Discover bank account to facilitate payment of the agreed-upon $30,000. After the Plaintiff had complied with this request and informed the Defendant of the account setup, the Defendant assured the Plaintiff, stating, "I'll transfer your money soon." (Exhibit D | D.1)

5. Despite these assurances, no payment was received by the Plaintiff within a reasonable timeframe. The Plaintiff attempted to resolve the matter by initiating communication with the Defendant in-game and through legal representation, yet no resolution has been achieved to date. (Exhibit E)


III. CLAIMS FOR RELIEF
1. Breach of Contract and Unjust Enrichment: The Plaintiff entered into an agreement with the Defendant on March 5th, 2024, to complete a building in exchange for $50,000. The Defendant also offered the Plaintiff a separate job to excavate a large plot for an additional $30,000. The Plaintiff fulfilled their obligations until instructed to stop by the Defendant the Plaintiff by completing 20% of the building should have been paid 20% of the $50,000 agreed upon. The plaintiff by fully excavating the plot, as agreed upon, should be paid the full $30,000. Despite the Plaintiff's completion of the work, the Defendant failed to compensate the Plaintiff for any of the completed tasks, thereby breaching the agreement and unjustly enriching themselves at the Plaintiff's expense.

2. Fraud: The Defendant induced the Plaintiff to perform additional work under false pretenses by promising payment. After the Plaintiff completed the excavation task, the Defendant instructed them to open a Discover bank account for payment. Despite assurances of payment, the Defendant failed to transfer the promised funds. This pattern of false promises and non-payment constitutes fraud on the part of the Defendant.

3. Quantum Meruit: In the event that the agreement terms were not fully met due to the Defendant's actions, the Plaintiff is seeking relief based on quantum meruit, which allows for recovery of the reasonable value of services rendered. The Plaintiff completed a substantial portion of the building and fully completed the excavation job, entitling them to compensation for the value of their work.

4. Loss of enjoyment: The Plaintiff dedicated 12+ hours to completing both the building and excavation tasks with the expectation of earning funds to enhance their experience on the server. However, the Defendant's failure to compensate the Plaintiff for their work has significantly diminished the Plaintiff's enjoyment of the game. The time and effort invested by the Plaintiff, with the anticipation of financial reward, has ultimately resulted in disappointment and frustration, adversely impacting their overall gaming experience.


IV. PRAYER FOR RELIEF
The Plaintiff seeks the following from the Defendant:
1. $10,000, representing 20% of the agreed-upon $50,000 for the completion of the building as per the initial contract terms.

2. The full payment of $30,000 as promised for the completion of the excavation work, reflecting the completion of the task in its entirety.

3. $50,000 in compensation for the loss of enjoyment experienced by the Plaintiff due to the Defendant's failure to fulfill their financial obligations, resulting in a negative impact on the Plaintiff's experience within the Redmont community.

4. $100,000 in Punitive Damages to be paid by the Defendant for their egregious conduct. This substantial sum reflects the severity of the Defendant's actions, which involved defrauding a member of the community and causing them to dedicate a significant amount of time and effort, resulting in over 12 hours of work, without just compensation. Such behavior, particularly from a member of high standing within the Redmont community, warrants significant punitive measures to deter future misconduct and uphold the integrity of the community.

5. 20% of the total awarded amount shall be allocated to the law firm representing the Plaintiff to cover legal fees incurred during the pursuit of this case.

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 23rd day of March 2024

Spoiler: Client

Evidence:

Spoiler: Exhibit A

Spoiler: Exhibit B

Spoiler: Exhibit C

Spoiler: Exhibit C.1

Spoiler: Exhibit C.2

Spoiler: Exhibit C.3

Spoiler: Exhibit D

Spoiler: Exhibit D.1

Spoiler: Exhibit E

 

[Nacho]

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

The Defendant is required to appear before the court in the case of the Snow_crp v. AndreaSP15 [ 2024] FCR 43. Failure to appear within 48 hours of this summons will result in a default judgment.

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.​

 

[zLost]

Your Honor, I believe that we have 72 hours to respond, not 48 hours according to the Court Rules and Procedures. Was a typo/mistake made, or was it on purpose?

Edit: Proof of representation:

 

[masterap2010]

I'am here.

 

[Nacho]

Your Honor, I believe that we have 72 hours to respond, not 48 hours according to the Court Rules and Procedures. Was a typo/mistake made, or was it on purpose?

Edit: Proof of representation: View attachment 42503

I apologize; I had a note on my end as a 72-hour summons. However, I must've copied the improper template. But yes, the proper summons is 72 hours for the original summons.

 

[Nacho]

I'am here.

I appreciate you indicating that you are here. However, it is not your time to speak. If you have a request you wish to file with the court please do so in the proper format.

 

[zLost]

Your Honor, I apologize but I request a 24 hour extension. I have a final exam tomorrow and it has been hard for me to find time to finish the answer to complaint.

 

[Nacho]

The extension is granted with hesitation. I encourage counsel to pass their exam while also ensuring they are prompt in responding.

Please ensure you have the response within 24 hours from the original deadline.

 

[zLost]

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

snow_crp
Plaintiff

v.

ANDREASP15 (Represented by zLost)
Defendant

I. ANSWER TO COMPLAINT
1. The Plaintiff does not affirm nor dispute Fact 1.
2. The Plaintiff does not affirm nor dispute Fact 2.
3. The Plaintiff does not affirm nor dispute Fact 3.
4. The Plaintiff does not affirm nor dispute Fact 4.
5. The Plaintiff does not affirm nor dispute Fact 5.

II. DEFENCES
1. The Plaintiff states that a contract was made between the Plaintiff and Defendant. However, this is not possible as one of the requirements for a contract is format, according to the Foundation of Contract Law Act (link). "(3) If an agreement is to be a contract there must be a certain essential criteria that must exist in order to create a contract.
(4) These are in order: Offer, Acceptance, Consideration, Capacity, Legality, Legal intent and Format."
2. There was no format present in the conversation between the Plaintiff and the Defendant, thus this criteria was not met, meaning that there never was a contract in place.
3. Along with this, the Foundation of Contract Law gives the following requirements for the criteria "offer" to be present:
"(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."
3(a). The first requirement states that it must be unequivocal statement of terms. When my client said that he would pay the Defendant soon, there was no specific time given and thus this statement is up to interpretation. Time is relative, so soon by the Plaintiff could mean a month, a year or even a decade. Thus, this is not an equivocal statement of terms.
3(b). The second requirement states that it must not be vague or ambiguous. As stated in point 3(a), the contract alleged by the Plaintiff is vague and/or ambiguous. This means that it does not meet the second requirement either.
3(c). The third requirement states that for the contract to even be enforceable, it must be written. Even if a contract was in place between my client and the Plaintiff, it would be an oral contract and thus it wouldn't be eligible to be enforced. In minecraft roleplay, oral usually means a contract made without format and without the contractee signing the contract explicitly. Written contract usually means a contract made with format and with the contractee signing the contract explicitly. As the alleged contract falls under the conditions of an oral contract and not written, it is not able to be enforced.
4. While yes, the Defendant did refuse to resolve this outside of court, it was mainly due to the fact that the fees imposed by the Plaintiff, in our opinion, were extremely high compared to the original agreed upon amount. Along with this, not only did the Defendant stay respectful when declining the settlement, but the Defendant also never resorted to personal attacks like the Plaintiff has in-game (Exhibit A).

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 27th day of March 2024.

Spoiler: EXHIBIT A

 

[Nacho]

The court thanks you for providing the answer to the complaint.

We will now transition into a 7-day discovery period. Should either party wish to end discovery early, please note that both parties will need to consent.

 

[zLost]

Your Honor, the Defence wishes to end discovery early.

 

[Unseatedduke1]

Your Honor, As of today, we wish to keep the 7-day timeline; we may request that it end earlier later.

 

[Nacho]

As both parties did not agree to end discovery early the court will remain on the already established timeframe of a standard 7 day discovery period.

As a reminder should either side wish to end discovery in the future please notify the court accordingly.

 

[Unseatedduke1]

Your Honor, We would like to call the following witnesses:

AndreaSP15
Snow_crp

 

[Nacho]

With the conclusion of discovery, the court will now transition into opening statements.

The plaintiff has 48 hours to submit their opening statements before the court.

 

[Unseatedduke1]

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
PLAINTIFF OPENING STATEMENT​

Your Honor, esteemed members of the courtroom, today we are here to shed light on a classic David and Goliath scenario. My client, Snow_crp, was contracted by the defendant, a Senator, to undertake multiple projects. Despite diligently fulfilling their obligations, my client faced an egregious injustice. Upon completing 20% of the initial project, the defendant abruptly halted my client's work, refusing any payment for the completed tasks. My client also completed another project for the defendant, only to be met with the same outcome: non-payment.

Throughout this trial, the defendant and their legal counsel will attempt to obscure the truth behind a veil of misrepresentation. Allow me to address the defense's pre-trial assertion concerning negotiation attempts. The defense stated “While yes, the Defendant did refuse to resolve this outside of court, it was mainly due to the fact that the fees imposed by the Plaintiff, in our opinion, were extremely high compared to the original agreed upon amount” Look closely at “Agreed upon amount” the defense stated in their answer that there was an agreed upon amount. This right here is evidence that an agreement was made.

The defense may also attempt to discredit the legitimacy of the agreement between the plaintiff and defendant, citing its informal nature as a Discord conversation. However, legal precedent, as evidenced in the case of 2023 FCR 92, affirms that while a formal written contract is preferable, it is not a prerequisite for legal validity. The defendant's acknowledgment of the original agreed-upon amount underscores their awareness and consent to the terms.

The facts of this case are unequivocal: the defendant entered into a contractual agreement with the plaintiff, only to renege on their obligations when the time came for compensation. This breach of contract is evident and constitutes a violation under the Contracts Act. The defendant's own admission of their knowledge regarding the agreed-upon amount further corroborates their culpability in this matter.

Today, we seek justice for my client, whose hard work and over 12 hours of irl time and dedication were met with deceit and non-payment. We implore this honorable court to rectify this injustice and hold the defendant accountable for their actions.

Thank you.

 

[Nacho]

The defense may present their opening statement to the court within the next 48 hours.

 

[zLost]

Your Honor, I apologize for this but I must request an extension of 24 hours again. I was recently busy with real life due to a religious holiday, and as such did not have adequate time to prepare the opening statement.

 

[Nacho]

Your Honor, I apologize for this but I must request an extension of 24 hours again. I was recently busy with real life due to a religious holiday, and as such did not have adequate time to prepare the opening statement.

Extension granted for 24 hours.

 

[Unseatedduke1]

OBJECTION
Breach of Procedure

​

Your Honor, The 24-hour extension granted to the Defendant has lapsed as of this morning. We respectfully request that the Defendant be held in contempt of court and that we be permitted to proceed with this case without their opening statements. Such disregard for the timelines established demonstrates a clear lack of regard for the proceedings of this case.

Thank You.

 

[Nacho]

Does the defendant have a response to the objection? (Within 24 hours please)

 

[zLost]

No, your honor. We apologize for still missing the deadline, even after the extension.

 

[Nacho]

OBJECTION
Breach of Procedure

​

Your Honor, The 24-hour extension granted to the Defendant has lapsed as of this morning. We respectfully request that the Defendant be held in contempt of court and that we be permitted to proceed with this case without their opening statements. Such disregard for the timelines established demonstrates a clear lack of regard for the proceedings of this case.

Thank You.

The objection is sustained.

The Defense is found in contempt and the DOJ is ordered to charge them accordingly.

Witness summons will be issued shortly.

 

[Nacho]

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

AndreaSP15 and Snow_crp are required to appear before the court in Snow_crp v. AndreaSP15 [ 2024] FCR 43. Failure to appear within 72 hours of this summons will result in a Contempt of Court charge.​

 

[Unseatedduke1]

OBJECTION
Breach of Procedure​

Your Honor, AndreaSP15 has neglected to appear within the allocated 72-hour timeframe. We respectfully request that you hold them in contempt of court. Our client is here and ready for questions.

Thank you.

 

[masterap2010]

Sorry youre honor, I do am here. I am so sorry for not beining able to appear faster.

 

[andreasp15]

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

AndreaSP15 and Snow_crp are required to appear before the court in Snow_crp v. AndreaSP15 [ 2024] FCR 43. Failure to appear within 72 hours of this summons will result in a Contempt of Court charge.​

Your honor, I apologise for not answering quicker I had trouble opening my computer these days so I haven’t got the chance to see what’s happening . I am here
EDIT: typo

 

[Nacho]

I would first like to apologize for the mistyped messages; I had the wrong case record pulled on my screen, indicating a pending answer to the complaint. I have removed the messages accordingly so as not to confuse either party. The charges regarding the mistyped messages will not be actioned or enforced. Now.... with the right information flowing through my head...


The Objection is sustained. The Defendant is held in contempt for failure to appear before a court-issued summons. The Department of Justice is ordered to issue fines accordingly.

Both witnesses have arrived before the court. The Plaintiff can begin questioning both witnesses. Please submit all questions within the next 48 hours. If a question has multiple parts, please indicate it to the court, and more time will be awarded. The witnesses will have 24 hours from the point at which the questions are submitted to provide an answer to the question.

 

[Nacho]

Sorry youre honor, I do am here. I am so sorry for not beining able to appear faster.

For what is your purpose of responding to the case? As you are not listed on my witness list...

 

[Unseatedduke1]

For what is your purpose of responding to the case? As you are not listed on my witness list...

Your Honor, This is snow_crp

 

[Nacho]

Your Honor, This is snow_crp

Ok, I appreciate it the forums account and Minecraft account was not matching the name properly. I appreciate the correction.

 

[Unseatedduke1]

AndreaSP15:

• Can you describe the terms of the agreement you entered into with the Plaintiff on March 5th, 2024?
• Did you agree to pay the Plaintiff $50,000 in exchange for the construction of a building?
• Why did you instruct the Plaintiff to stop construction after they had completed 20% of the building?
• Did you provide any explanation or reason for halting the project at that stage?
• Did you promise payment of $30,000 upon completion of the excavation work?
• After the Plaintiff completed the excavation job, did you request them to open a Discover bank account to facilitate payment?
• What was the purpose of instructing the Plaintiff to set up this account?
• You mentioned assuring the Plaintiff of payment with the statement, "I'll transfer your money soon." Can you clarify what you meant by "soon" and why the payment was not made within a reasonable timeframe?
• Did you make any attempts to resolve the payment issue with the Plaintiff before this legal action was taken?

Snow_crp:

• Did you commence work on the building as per the terms agreed upon?
• Did AndreaSP15 provide any explanation for halting the project at that point?
• Can you confirm if you completed the excavation work as requested by AndreaSP15?
• After completing the excavation job, did AndreaSP15 request you to open a Discover bank account for payment?
• Describe any attempts you made to resolve the payment issue with AndreaSP15 before resorting to legal action.
• Did you engage in any in-game or direct communication with AndreaSP15 regarding the outstanding payment?
  
  
  
  Your Honor, I will have follow up questions for both.

 

[masterap2010]

AndreaSP15:

• Can you describe the terms of the agreement you entered into with the Plaintiff on March 5th, 2024?
• Did you agree to pay the Plaintiff $50,000 in exchange for the construction of a building?
• Why did you instruct the Plaintiff to stop construction after they had completed 20% of the building?
• Did you provide any explanation or reason for halting the project at that stage?
• Did you promise payment of $30,000 upon completion of the excavation work?
• After the Plaintiff completed the excavation job, did you request them to open a Discover bank account to facilitate payment?
• What was the purpose of instructing the Plaintiff to set up this account?
• You mentioned assuring the Plaintiff of payment with the statement, "I'll transfer your money soon." Can you clarify what you meant by "soon" and why the payment was not made within a reasonable timeframe?
• Did you make any attempts to resolve the payment issue with the Plaintiff before this legal action was taken?

Snow_crp:

• Did you commence work on the building as per the terms agreed upon?
• Did AndreaSP15 provide any explanation for halting the project at that point?
• Can you confirm if you completed the excavation work as requested by AndreaSP15?
• After completing the excavation job, did AndreaSP15 request you to open a Discover bank account for payment?
• Describe any attempts you made to resolve the payment issue with AndreaSP15 before resorting to legal action.
• Did you engage in any in-game or direct communication with AndreaSP15 regarding the outstanding payment?
  
  
  
  Your Honor, I will have follow up questions for both

As snow il awsner the questions.
-I think so he gave me a shematic and i build the thing mostly tried because lots of the materials where missing.
-He did not provide any explanation for halting the first project. He never did.
-Yes.
-Yes.
-I tried DMing him ingame and online from when he would pay me. He keps saying soon.
-Yes, Via ./msg.

 

[Unseatedduke1]

OBJECTION
Breach of Procedure​

Your Honor, AndreaSP15 has neglected to answer questions within the allocated 24-hour timeframe. We respectfully request that you hold them in contempt of court.

Thank you.

 

[SumoMC]

@andreasp15 is hereby held in Contempt of Court, i order the Department of Justice to Fine/Jail accordingly. @Unseatedduke1 please inform the court within 24 Hours if we can move on or if you have more.

 

[Unseatedduke1]

Your Honor, we're fine to proceed. However, we request that you prohibit the defendant from cross-examining the witnesses, particularly Andrea, as they failed to address any of our questions.

 

[SumoMC]

@andreasp15 is given an additional 24 Hours to present before this court for questioning, should they not appear they will be held in Contempt again and we will move on to the next phase without them being able to be cross examined.

 

[andreasp15]

Present, your honor

 

[SumoMC]

Present, your honor

You have 12 Hours to answer the questions that the Plaintiffs counsel has asked you, failure to do so will land you another Contempt of Court charge.

 

[andreasp15]

- Can you describe the terms of the agreement you entered into with the Plaintiff on March 5th, 2024? : agreement was “work for this and get paid” I didn’t mention any time when I’m gonna pay him which also happened in the wild which laws don’t apply .

I want to follow my fifth right in the rest questions your, honor

 

[SumoMC]

I will waive the deadline this once due to you showing up, next time it will be more server.

@Unseatedduke1 you may ask your follow ups or inform the court we can move to cross examination.

 

[Unseatedduke1]

Your Honor, seeing that Andrea isn’t going to answer the rest and plead the fifth we have no more questions.

 

[SumoMC]

We will move into Cross Examination, the defense has 24 hours to submit their questions or inform the court they have none at this time.

 

[zLost]

Your Honor, the Plaintiff was given 48 hours to list their questions. To ensure fairness and equality, we also ask for 48 hours to give questions.

 

[SumoMC]

Your Honor, the Plaintiff was given 48 hours to list their questions. To ensure fairness and equality, we also ask for 48 hours to give questions.

Granted however in the future Court policy is 24 Hours.

 

[zLost]

we have no questions your honor

 

[SumoMC]

We will now move into closing statements, the plaintiff has 72 Hours

 

[Unseatedduke1]

Your Honor, members of the court,

The Defendant entered into an agreement with the Plaintiff, yet failed to fulfill their obligations after the Plaintiff had completed theirs. The evidence, as well as the Defendant's own response to the complaint, clearly indicates the existence of a mutual agreement, particularly when the Defendant acknowledged the "original agreed upon amount." This underscores the Defendant's awareness of the terms set forth initially, which they neglected to honor upon completion of the work. The Plaintiff attempted to resolve the matter outside of court, demonstrating our willingness to mitigate damages. Legal precedent supports the recognition of discord conversations, as valid contracts when all requisite elements are met. In this instance, a clear legal agreement existed between the two parties, yet the Defendant failed to uphold their end of the bargain.

Thank you.

 

[SumoMC]

Thank you, the defense has 72 Hours to present their closing statements.

 

[Unseatedduke1]

Your Honor, The defense has failed to deliver closing statements.