Lawsuit: Adjourned Tesla v. walkingpanda111

pet_the_fish

Shush I'm busy with school D:
Department of Internal Development
Lawyer
Donator
pet_the_fish
pet_the_fish
Senior Constructor
In The Distinguished Court of The Stratham Republic
CIVIL ACTION
Date: 09/01/2023


Tesla
(pet_smellyfish representing)

v.

walkingpanda111

I. Description of Case
The Plaintiff brings forth the following causes of action and alleges the following against the Defendant:
walkingpanda111 approached Tesla to rent out a submarine for 1 month. When the time was up walking failed to return the submarine and claimed to have lost it. However a while later walking approached _Evachu_ saying they have sold the submarine.

II. Parties
1. Nightmare98765
2. MegaMinerM
3. walkingpanda111
4. _Evachu_

III. Sequence of Events
1. walkingpanda111 approached Tesla to rent the submarine
2. walkingpanda111 agreed to terms of rental and paid 200kr for rental
3. MegaMinerM handed over the submarine
4. Rental time expired and walkingpanda111 claimed to have lost the sub
5. They are then pictured showing the submarine in chat asking for offers
6. They then approach _Evachu_ saying they sold the submarine

IV. Claims for Relief
1. walkingpanda111 has breached the terms of service for vehicle rental from Telsa (signature and ToS attached below)

V. Damages
1. Return of rented submarine
2. 1000kr for the overdue time of rent.
3. 200kr in legal charges.
4. 500kr for breakage of the Tesla TOS.

In advancing this form to the court, you acknowledge and concur with the rules of court which highlight the importance of honesty at all times. Moreover, you understand the punishments for breaking these rules and/or committing perjury and deception in the court.
 

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Last edited:

MegaMinerM

Chief Justice
Justice
Judge
Department of Economy
Department of Public Affairs
Lawyer
Donator
MegaMinerM
MegaMinerM
Justice
Good evening,

As I am a manager at Tesla, there may be a possibility of bias. Therefore, I recuse myself from this case, and as there are no other judges, a magistrate in tempore will be elected.

That is all,
Thank you.
 

Ryan_88

Department of State
Department of State
Lawyer
Donator
Ryan_88
Ryan_88
Auditor
In The District Court of The Stratham Republic
Writ of Summons


Good Morning,

@walkingpanda111 is hereby summoned to the Circuit Court of the Republic of Stratham, and must appear in the court in the following 48 hours starting at the time of this summons sending. If the defendant fails to adhere to the conditions of the summons hereby set, the court will move forward with a default judgement.

If either parties require an extension, please do let me know by replying to this thread.
 
Last edited:

Ryan_88

Department of State
Department of State
Lawyer
Donator
Ryan_88
Ryan_88
Auditor
Good Evening,

As the defendant has elected not to acknowledge the case. This court will proceed with default judgement. The court is now in recess until I deliver my verdict.
 

Ryan_88

Department of State
Department of State
Lawyer
Donator
Ryan_88
Ryan_88
Auditor
In the District Court of The Stratham Republic
Court Verdict

Plaintiff's Position
The Plaintiff is claiming that the defendant breached Tesla's Terms of Service by not returning a rented submarine within the proper allotted time. By not returning the submarine, the defendant violated the terms of service.

Opinion of the Court
It is the opinion of the court that the plaintiff indeed did violate the rental agreement. However, there is no evidence suggested that the submarine was sold to _evachu_ therefore the Court will dismiss that specific claim. I am against granting the claim of overdue time of rent as it is the responsibility of the plaintiff to attempt to take legal action to retrieve the rental submarine but instead waited nearly a year to file any sort of claim. The court will grant the plaintiff the following damages, retrieval of the submarine, 200kr in legal fees, and 1000kr for lost of potential business for the time the submarine was lost. The 1000kr for overdue time of rent and 500kr for violating the Terms of Service will not be granted as the terms "Additional Costs/expenses" are vague and do not specify. The terms could be argued in bad faith to claim any amount of damages for violating the agreement. Agreements should specify what happens when they are violated.

Court’s Ruling
The Court rules in favor of the plaintiff.

I hereby order the Minister of Justice @Pearot to ensure that 1200kr are taken from walkingpanda111 and given to Nightmare98765. Additionally, ensure that the Submarine be retrieved from walkingpanda111 and returned to Nightmare98765. If the submarine is unable to be retrieved, the court orders that 2250kr are to be taken from walkingpanda111 and given to Nightmare98765 as compensation for the submarine.
The Department of Justice is granted permission to perform asset seizure to compensate for the damages if the defendant does not have sufficient balance.

It is so ordered.
 
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