Lawsuit: Adjourned Blacksyth v. Dwerpy

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Matthew100x

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Matthew100x
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=====Background=====

Your honor, my name is Matthew100x, Partner Attorney at Inperium & Partner Law Firm. I am here today to bring forward a case on behalf of BlackSyth against Dwerpy.

My client and plaintiff, Blacksyth, requested that the defendant, Dwerpy, build his mansion at mansion12 in the mansion district of Capital City. He gave Dwerpy 35,000 krunas to accomplish this task (Screenshot_133.png and Agreement.png).

As of 1:06 AM EST, Dwerpy made a thread stating that he was going to leave the server (Dwerpy Goodbye.png).

My client privately asked Dwerpy to return the money that he gave him to build his mansion. Dwerpy responded that he could only give Blacksyth back 10k of the 35k he owed him (Blacksyth and Dwerpy.png). My client disagreed

This conversation went nowhere and left my client unsatisfied and uncompensated. He reached out to my firm to launch a lawsuit against Dwerpy (Blacksyth and Matthew100x.png).

After chatting with Blacksyth, he has told me he is only after 25,000 kr of the original 35,000 kr. Before launching this suit, I reached out to Dwerpy to try and settle this privately without bringing this to Court. My client Blacksyth is okay with 10k if he in addition is able to have Dwerpy's plot at Central Market Mall, CMM-23. Dwerpy rejected my offer to settle this privately out of court (Private Resolution).

I've also been tipped by an anonymous source that ReaperEduardo may be holding money for Dwerpy. If this is true, then it is possible to use that money to help repay my client.

=====Argument=====

By leaving the server, Dwerpy is not honoring the expressed written agreement between himself and my client. My client has the right to say that he does not want to do business anymore with someone who is quitting the server.

While not a contract. A written agreement was made between my client and Dwerpy through both Minecraft Chat and Discord (screenshot_133.png and Agreement.png). This is a binding agreement.

Since Dwerpy has revealed that he is quitting while work on the mansion remains incomplete, he has broken that written agreement. It is only fair then that compensation is made for my client so that he may be able to hire another person to build his mansion.

While the question of whether or not Dwerpy is truly leaving remains in question, I would say that the concern of him leaving is enough to violate this written agreement. It is possible that he may stay, it is possible that he may go, that risk is enough for my client to want his money back. Therefore, Dwerpy owes a debt to Blacksyth.

In Fhlown vs. Olefante (December 15th, 2018), it is established that money or material belongings can be used to pay off a debt. Since Dwerpy is leaving the server, Dwerpy broke the written agreement and therefore owes a debt to be paid to Blacksyth.

Since 10,000 Kr is not enough to cover the expenses, I request that the court collect CMM-23 from Dwerpy as material collateral to be given to my client to meet the debts that Dwerpy owes. My client only seeks 25,000 kr of the original 35,000 kr. Between the 10,000 kr and CMM-23, my client will be fully satisfied and all debts will be considered cleared.

I conclude my opening Argument.
 

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Sprite

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@Dwerpy is hereby summoned to the court to acknowledge the case. If the Defendant, @Dwerpy, does not acknowledge the case as a reply in 2 days, the case will close in the Plaintiff's favor.

Court is in Session

This case is presided by Judge SpriteTropical Bear in mind to not reply to court cases unless summoned by the Judge!
 

Sprite

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Judge Comment:
Before the court case is acknowledged by the Defendant, I would like to make these following statements clear:
  1. Given the nature of the lawsuit, I will strictly enforce Contempt of Court laws. Any acts of bribery, unwarranted disruptions or perjury will result in a punishment.
  2. Unless the Defendant is able to offer a reason why it is not a legal and valid contract, the Court recognizes the agreement that was laid out in Agreement.jpg as a legal and valid contract.
 

Dwerpy

Daddy Dwerpy
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Dwerpy
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And sir sprite cutie the third can I represent my lawyer to defend my point
 

Sprite

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The request of the Defendant has been granted. They may reach out to a third party to represent them in this court case.
 

Tree60NoScope

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I formally take up the defence of Dwerpy and relinquish any and all judicial powers involving this case.

What can break a contract? Certainly a clause to void an agreement. Black's contract contains 13 words and an agreed upon amount. Such a clause not there. Arguments and personal disagreement cannot break a contract. If somone were to leave the server, they may still have the ability to uphold their portion of the contract if it can be done off of the server or as the player comes back.

Dwerpy has shown no signs of breaking his portion of the contract. He simply must supply a mansion for Blacksyth. The plaintiff have provided "Dwerpy Goodbye.png" which notes that Dwerpy may be taking a break. When Blacksyth asked if Dwerpy would refund the money given to Dwerpy via his contract, Dwerpy responded (in Blacksyth and Dwerpy.PNG) with "I can only give back 10k but I'll finish the rest of the house at the end of my break."

This meet the one requirement for Dwerpy in Black's contract. Dwerpy must build Blacksyth a mansion. If the plaintiff would like to void the contract, I ask under what grounds that you make this request? Dwerpy has given the plaintiff assurances that he would finish the build. Attempting to rescind funds allocated to Dwerpy before he has actually left the server is either misguided or done in bad faith. I leave you with an image of Dwerpy's progress on Blacksyth's build.

Thank you, your Honor.
 

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The representative for the plaintiff, @Matthew100x, now has the floor to provide any rebuttals against the defense's previous statements.

Additionally, I have a question for the Plaintiff:

  1. Under what specific grounds did you void this contract for?
 

Matthew100x

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Matthew100x
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Thank you, your honor,

First, I would like to ask for clarification on what you would like to ask from my client. Would you want a statement from him that I would include in my rebuttal?

Second, I'd like to ask for 12 more hours to prepare a rebuttal against the defense's previous statement.

Third, I'd like to retract the statement on the opening arguments regarding ReaperEduardo and Dwerpy.
 

Sprite

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Thank you, your honor,

First, I would like to ask for clarification on what you would like to ask from my client. Would you want a statement from him that I would include in my rebuttal?

Second, I'd like to ask for 12 more hours to prepare a rebuttal against the defense's previous statement.

Third, I'd like to retract the statement on the opening arguments regarding ReaperEduardo and Dwerpy.
Yes, I would like a statement from either him or from you regarding why the contract was voided, in additional to a rebuttal. Moreover, the time requested will be granted.
 

Dwerpy

Daddy Dwerpy
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Dwerpy
Dwerpy
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Sprite sir cutie can I step in for the reaper thing
 

Matthew100x

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Matthew100x
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Your Honor, thank you for the previous time requested.

I would like to begin the rebuttal with my client’s statement:

Blacksyth: By Dwerpy declaring that he wanted to leave the server, I saw it as a loss of my money. I wanted to get my money back so that way I could continue on with the mansion building project. How am I suppose to work with someone who has/had one foot out the door?

=====Rebuttal=====

Your honor, the defendant’s lawyer and the court agrees that this was a contract. Yet there is more nuance to be made. The lack of clauses or the creation of a document means that this contract is what we would call a simple contract (1). Arguing on the lack of clauses is pointless because there were no clauses in this contract. Blacksyth and Dwerpy entered into a simple contract where both sides benefitted, this is still a binding agreement.


There are two breaches of contract, though this would be from cause and effect. The first is a failure to meet consideration (2) of the simple contract. The Second is that Dwerpy committed an anticipatory breach (3) of the contract. Through the anticipatory breach, Dwerpy was not going to fulfill Blacksyth’s consideration.


A simple contract can be invalidated if consideration is not fulfilled. My client and the defendant, Dwerpy, both have separate considerations. Blacksyth’s consideration is the construction of his mansion, Dwerpy’s consideration is his payment of $35,000. Dwerpy’s consideration has been fulfilled, Blacksyth’s has not.


By creating the goodbye thread, Dwerpy has committed an anticipatory breach of the simple contract (Dwerpy Goodbye.png). My client’s consideration was not fulfilled whereas Dwerpy’s consideration was. Partial consideration, such as the current work on the mansion as shown in Tree’s screenshot (2020-07-08_22.55.37.png) is not considered good enough to meet full consideration. Thus creating one part of the two breaches of contract.


My opposition wants to focus on the idea that Dwerpy was going to complete the deal made between himself and Blacksyth. Yet I find this questionable. When I tried to settle the matter out of court, Dwerpy asked me how was I going to make a lawsuit against a player who has left the server (Private resolution.png)? That statement in itself is Dwerpy admitting that he was leaving the server, thus committing an anticipatory breach. For all intents and purposes, the conflicting statements that Dwerpy has made has convinced both my client and myself that Dwerpy was planning on leaving the server.


I would like to remind the court that 4 minutes before the lawsuit was launched, Dwerpy decided to not quit the server. Making an argument that Dwerpy has not left the server and could fulfill his side of the agreement would be pretty close to Ex Post Facto. We would not have known in the 4-minute timespan of this lawsuit being launched and Dwerpy announcing that he would not be leaving the server that Dwerpy planned on staying. This is because Dwerpy told me himself 1 hour and 50 minutes before the lawsuit was launched that he had quit the server.


So, in essence, because Dwerpy announced his plans and intentions to quit the server, which is an anticipatory breach and would void a contract. My client, Blacksyth, saw that his consideration was not and would not be fulfilled, which is a breach of a simple contract.


Your Honor, I rest my rebuttal. Legal definitions for the terminology is left below my argument.



  1. Simple Contract: One, the evidence of which is merely oral, or in writing, not under seal, nor of record. As contracts of this nature are frequently entered into without thought or proper deliberation, the law requires that there be some good cause, consideration or motive, before they can be enforced in the courts. The party making the promise must have obtained some advantage, or the party to whom it is made must have sustained some injury or inconvenience in consequence of such promise; this rule has been established for the purpose of protecting weak and thoughtless persons from the consequences of rash, improvident, and inconsiderate engagements. But it must be recollected this rule does not apply to promissory notes, bills of exchange or commercial papers. (https://www.lectlaw.com/def2/s157.h...on-,SIMPLE CONTRACT,be enforced in the courts.)

  2. Consideration: https://dictionary.law.com/Default....ration,is exchanged for another consideration.

  3. Anticipatory Breach: When a party to a contract absolutely and unequivocally expresses an intention – expressly or tacitly – not to perform, or when it becomes otherwise clear, after the conclusion of the contract, that there will be a fundamental non-performance, the other party may terminate the contract. (https://www.trans-lex.org/945500/_/anticipatory-breach/)
 

Matthew100x

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Your honor, apologies for speaking while not addressed, but I was intimidated by the defendant near spawn. He pulled his car off the road to run me over on the sidewalk and then continued to tell me that I shouldn't have been Black's lawyer and that I will lose. I find this highly unethical and that he is in violation of the rules set forward at the beginning of this lawsuit.

My evidence is here, I can't attach it because the upload file is too large: https://imgur.com/a/nROhBAS

1. Given the nature of the lawsuit, I will strictly enforce Contempt of Court laws. Any acts of bribery, unwarranted disruptions or perjury will result in a punishment.

Your Honor, this along with other court disruptions is a clear act of Contempt of Court.
 

Dwerpy

Daddy Dwerpy
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Dwerpy
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Sorry for speaking when I shouldnt be but your client aswell has been speaking wrongly about it
 

Sprite

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Sprite sir cutie can I step in for the reaper thing
Request denied. The Plaintiff has made the motion to dismiss this point from their case, and as such it will not be used in the consideration of the outcome of this case and any further commentary on it is ultimately unnecessary.

I would also request that the Defendant and the Plaintiff answer the questions as they are addressed to them:

  1. What was the date of the contract being signed? (Plaintiff AND Defendant.)
  2. Does the defense have anything to say regarding the uncanny timing mentioned in the Plaintiff's latest response? (Defendant ONLY.)
  3. What is the timestamp of the picture showing Dwerpy's progress on the build shown in one of your earlier replies? (Defendant ONLY.)
While I was typing out this reply, the Plaintiff has brought charges against the Defense accusing them of Contempt of Court. After reviewing the evidence provided, I have determined that Dwerpy's first reply without being addressed was warranted. While unethical, Dwerpy's attempted intimidation does not fall under Contempt of Court. However, I am officially warning @Dwerpy that he is treading on extremely thin ice right now.

While I was typing the above paragraph, Dwerpy replied to this case without him or his lawyer being summoned. As he was warned (and even the warning I gave was mentioned in the reply above his) and then attempted to make an argument in his defense, I am finding Dwerpy guilty of Contempt of Court. I am requesting that the Department of Justice carries out the punishment for Contempt of Court in a timely manner.
 

Matthew100x

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Matthew100x
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Your Honor,

Screenshots show 7/6/2020 as the day that the contract was made and money was given (Screenshot_133.png and Agreement.jpg).
 

Sprite

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  • What was the date of the contract being signed? (Plaintiff AND Defendant.)
  • Does the defense have anything to say regarding the uncanny timing mentioned in the Plaintiff's latest response? (Defendant ONLY.)
  • What is the timestamp of the picture showing Dwerpy's progress on the build shown in one of your earlier replies? (Defendant ONLY.)
As it has been 24 hours without a response, I am requesting that the Defendant or their representative answers the above questions.
 

Tree60NoScope

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Your Honor,

I am going to answer these questions out of order to paint a better picture of the case as a whole.

What was the date of the contract being signed? (Plaintiff AND Defendant.)

The plaintiff's assesement of the time at which the contract was signed is correct.

What is the timestamp of the picture showing Dwerpy's progress on the build shown in one of your earlier replies? (Defendant ONLY.)
The picture shown in my post was taken less than five minutes prior to the posting of this case. Dwerpy was actively working on the mansion at the time and quickly gave me a screenshot after I had asked him in a voice call.


Does the defense have anything to say regarding the uncanny timing mentioned in the Plaintiff's latest response? (Defendant ONLY.)

I would like to work under the terms which the plaintiff have set. The contract was indeed simple, Dwerpy's considerations have been met while Blacksyth's considerations have not. The plaintiff's claim that Dwerpy breached the contract through failure to meet Black's considerations is irreleveant as the contract had no time limit and thus Dwerpy cannot be found to have breached the contract unless the breach occurred a picosecond after the contract was signed. For this reason I would like to focus on the claim of the anticipatory breach of contract.

Please note exhibit A. This a cropped portion of "blacksyth-and-dwerpy-png" found in the plaintiff's original post.
upload_2020-7-11_0-18-25.png


The plaintiff's claim that Dwerpy stated that he wasn't leaving four minutes after the court case was posted, and that the anticpatory breach had occured. Anticpatory breaches, defined by the plaintiff, would require Dwerpy to "absolutely and unequivocally expresses an intention . . . not to perform" with performance being equated to failure to supply a mansion due to him leaving the server. In Dwerpy's goodbye post that he gave to Blacksyth, Dwerpy stated that he was taking a break, leaving was an option, but it had not happened. As Blacksyth attempted to recollect his Krunas, Dwerpy responded that "ill finish the the rest of the house" at 1:52 AM on 7/8/20 during the plantiff's time. The plaintiff took this screenshot at 4:22 PM in their time zone later that day, over 14 hours after Dwerpy responded.

Let me reiterate, Dwerpy told Blacksyth "ill finish the the rest of the house" at minimum 14 hours before the court case was posted. The plaintiff have read this statement, using it as the basis for the claim that Dwerpy can only pay back 10,000 while simlatinously ignoring Dwerpy's clear and unequivocal intention to finish the restore the mansion.

Why would the plaintiff ignore Dwerpy's compliance to the contract? Because there was personal conflict between Dwerpy and Blacksyth after the conflict was signed. In "private-resolution-png" the prosecutor says as much stating only that "you two have had a rift and that Blacksyth has requested his money back" while never mentioning a breach of contract.


To finally answer the question. What do I have to say about the "uncanny" timings of Dwerpy's response? Simply that the plaintiff are ignoring other, prior statements. Dwerpy never actually quit. Dwerpy directly stated he would finish the mansion. Both of these things were apparent before the court case.


Thank you, your Honor
 

Sprite

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Thank you for the reply. I believe I have the evidence required to rule this case in good faith, however I will opt to take one or two days to mull over what has been stated here in order to come to a decision.

If there is any additional statements or arguments the Plaintiff or the Defendant would like to bring up before this case is adjourned, you both have 24 hours starting from the time of this reply being made.
 

Matthew100x

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Matthew100x
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Thank you, your honor. I will begin oration of my closing arguments.


To the court and to the people following this case. I must ask you two questions. Do Dwerpy’s conflicting statements constitute an Anticipatory Breach? Can a contract be enforced if previously voided? To me, these are the foci of the case thus far.


My client and I agree that Dwerpy committed Anticipatory Breach by making a post that he was leaving the server. My client’s consideration was not going to be fulfilled. So since a breach of contract happened, the contract should be voided. It is not fair to my client to be forced to continue this contract after it had already been breached.


=====Closing Argument=====


The Defendant claims that he would finish the mansion, yet I draw doubt on this claim. If he was intent on finishing the build, why would he later tell me that he was quitting the server? “How is he gonna launch a lawsuit on a player that quit” (Private Resolution). The timestamp of that conversation is 7:34 pm est, July 8th, 2020. These remarks came nearly two hours before the lawsuit was launched. To my awareness, it had been his most recent statement on the matter, and to me certainly looks like an anticipatory breach. How is Dwerpy supposed to complete the build if he is “a player that quit”?


Dwerpy’s conflicting statements on this matter should draw doubt to whether or not this contract would actually be completed. Dwerpy’s lawyer claims that the contract would be fulfilled, yet my question what if Dwerpy never decided to come back? How would it have been fulfilled then?


Dwerpy announced his intentions to quit the server. That announcement is an anticipatory breach. The contract could not be carried out if he were gone. He announced that he was not going to leave 4 minutes before this lawsuit was launched. So even if Dwerpy can now fulfill his side of the contract, there was still a period of time where there was a breach of contract.


Moving onto the next part of the closing argument. If a contract was previously breached, can the other party void it? The answer is an unequivocal yes. My client has fulfilled Dwerpy’s consideration, my client’s consideration was not fulfilled. My client meets his side of the agreement, Dwerpy did not.


If there is agreement on what constitutes an anticipatory breach, then it is understood that for a time there was indeed a breach of contract. The uncertainty revolving around Dwerpy staying or going and his conflicting statements on whether or not he was leaving opens room for doubt that the contract was going to be fulfilled. This gives my client the full right to void the contract and ask for his money back. Blacksyth is able to do this because Blacksyth meets Dwerpy’s consideration.


To end the closing arguments, I want to do a deductive argument.

Dwerpy (A) committed an anticipatory breach (B)

An anticipatory breach (B) voids a contract (C)

Therefore, Dwerpy (A) voided his contract (C)


Thank you, your honor, I rest my case.
 
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