Lawsuit: Dismissed MegaMinerM vs. The Builders Club

[SanktNikolaos]

In The Distinguished Court of The Stratham Republic
CIVIL ACTION
DATE: 09/19/2021 ​

MegaMinerM
Hanither
V.
The Builders Club

I. Description of Case
The Plaintiff, MegaMinerM, came to the defendant’s company, The Builders Club. There, the Plaintiff hired The Builders Club, on 11th September 2021, to plot the interior of his two shops in Apex. On the 15th of September, after receiving a notification for pending eviction due to Rule #3(Unfinished or unstocked shops are subject to eviction) the plaintiff notified the defendant that the interior needs to be completed within 3 days which the defendant acknowledged, this can all be seen in the pictures in evidence. Now on the 18th of September 2021, the plaintiff has been evicted out of both of his plots, Apex outlets 1 and 6 due to the incompletion of the work the plaintiff hired the defendant to do. Work on outlet 1 was nearly complete, but work on outlet 6 has not even begun.

II. Parties
1. MegaMinerM, Plaintiff
2. Hanither, Plaintiff’s Lawyer
3. The Builders Club, Defendant

III. Sequence of Events
1. The plaintiff hired the defendant to plot the interior of his Apex outlets, 1 and 6.
2. The plaintiff received a pending eviction from Apex and notified the defendant that work needs to be completed within 3 days.
3. The defendant did not finish the work on time, causing the eviction of the plaintiff from his two outlets.

IV. Claims for Relief
1. Defendant did not finish the work he was hired for by the defendant on time, causing the defendant to be evicted.

V. Damages
1. 300kr for the total price of the Apex Outlets
2. 500kr for the loss opportunity
3. 200kr for lawyers fees

VI. Evidence
1. Hiring of The Builders Club on the 11th of September 2021
2. The Builders Club indeed started work on the project, accepting it
3. Notification on 15th September 2021 that the project needs to be completed in 3 days.
4. Rule #3 of Apex

 

[Cooleagles2005]

@Tumblecritter is hereby summoned to the court to acknowledge the case. If the Defendant, @Tumblecritter , 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 Cooleagles Bear in mind to not reply to court cases unless summoned by the Judge!

Whilst, the court awaits the Defense's response, could the Plaintiff's lawyer please provide proof that they hold the lawyer qualification. Furthermore, can they also provide the business contract/agreement, if there happens to be one.

That is all for now.


​

All Parties are reminded to follow proper rules and procedures whilst the court is in session. This includes responding in proper formatting as is laid out. Anyone who disobeys this can and will be found in contempt of court.
Thank you​

 

[SanktNikolaos]

Good evening your honour,

It is unfortunate we have no contract to show, merely screenshots showing the fact that The Builders Club has indeed started work on the project which indicates that they took up the project, as well as the acknowledgement by Tumble that work had to be finished in 3 days from 15th of September. My proof of my qualification as a lawyer will be shown below.

 

[Tumblecritter]

Your Honor I am here.

 

[Cooleagles2005]

Good Evening,

Your Honor I am here.

Thank you. You may now respond with either an Answer to Complaint or a Motion to Dismiss. If you feel that you can not properly represent yourself, please say so and I will see to getting you a lawyer.

That is all.

 

[MrSpill]

Good Evening,



Thank you. You may now respond with either an Answer to Complaint or a Motion to Dismiss. If you feel that you can not properly represent yourself, please say so and I will see to getting you a lawyer.

That is all.

In The Distinguished Court of The Stratham Republic
MOTION TO DISMISS
Date: 09/21/21​

Plaintiff: MegaMinerM
v.
Defendant: The Builders Club


Good evening, Your Honor.

I am MrSpill, and I will be representing the defendant, @Tumblecritter in this case. Attached is evidence of my Lawyer qualification.


Firstly, I would like to bring precedence into play here. Please reference:
https://mcbusinesscraft.com/forum/threads/radwintrr-vs-rxdiumsaura.13449/#post-58751
This was a case that was not open but brought out what is considered a "contract" in the eyes of the court. Your Honor, your quote was "Whilst you and the defendant did make a verbal agreement, compared to a written and signed contract, it is hardly applicable under the law." While there was a discord ticket discussing the build, there was no signed contract constricting my client to a specific time. While the business practices can be questionable, it does not legally bind my client, especially since there was not any fiscal transaction that took place before my client started his service. Reference:




Also I want to reference the plaintiff's evidence in Screenshot 3, where my client did NOT acknowledge the plaintiff until the day of the eviction. My client was not able to be on those days because of personal injury, and was not made aware of the time restriction in the beginning of my client's and the plaintiff's conversation.

Due to the fact that there is no signed formal contract, no transaction, and my client was not immediately made aware of the time limit, I motion to dismiss this case. Thank you for your time, Your Honor.

 

[Cooleagles2005]

Good Evening,

I will allow for the plaintiff to rebut the defenses' Motion to Dismiss. Within that rebuttal I ask that the plaintiff please answer if the defendant was or was not paid yet; furthermore, if they were paid, how much? After the plaintiff answers said question and poses any counter-arguments to the MTD, I will make my ruling on the MTD.

That is all for now,
Thank you

 

[SanktNikolaos]

Good Morning Your Honour,

The Builders Club was indeed not paid due to an agreement to receive payment once it has completed building. I would like the defendant to clarify what exactly was the personal injury? From his own words, "I hurt my ankle really bad." This injury does not prohibit the defendant from looking through discord.

Continuing on that note, the plaintiff was not made aware of such an injury until I notified the client. Regarding the notice of the time limit, it was not known by my client until after he received a pending eviction due to the lack of progress on his outlet. If the defendant had notified my client of the personal injury and was not able to get in game to finish the job, my client would have looked for someone else to complete the job. It is precisely due to the fact that the lack of notice, caused my client to be evicted from both of his outlets, which costed my client 300kr, as well as a loss of potential income as Apex Outlets had reservations, after being evicted my client was unable to get back such well located plots, one of which was on the first floor. My client managed to get one plot which is not well positioned.

The motion to dismiss this case is unjustified as it does not look at the full picture of what has been lost. Yes, The Builders Club was not paid, yes the time limit was not told to The Builders Club at the start and yes there were no written contract. However, my client did his utmost best, on the day of receiving a pending eviction, he immediately notified the defendant of the time limit. The Builders Club was not paid but it was due to the defendant not communicating the personal injury, where more specifically his inability to play on the server, towards my client that costed my client his well positioned plots. There were no written contract, but it is precisely due to the actions and choices of the defendant that has costed my client of potential income and the 2 outlets. Therefore, this case should not be dismissed as it still holds merit.

Evidence: Screenshot of the defendant saying "I hurt my ankle really bad."

 

[Cooleagles2005]

Good Evening,

I thank both parties for their time and responses. The motion made by the Defense to dismiss this case is hereby sustained. Although I agree the Defendant has shown some lack of communication with the Plaintiff, this is a debate of legal merit. The purpose of the Contract Legality act is to enforce contracts and create such legal merit in the courts; therefore, no agreement or contract between both parties, gives the courts very little to rule on besides just choosing sides.
This, however, is not an excuse for there being no contract at all. My court and I'm sure future courts highly suggest that contracts be written for all business agreements, job offerings, and anything else of the likely. Clients should preview contracts and only take business with those containing the most upright and superior contracts. Businesses should see that contracts are made for all agreements and that clients are protected under the law as is said business.

With the closing of this case, I suggest each party learn from these here mistakes; furthermore, I advise the Defendant to look into writing such paperwork and the Plaintiff to choose their business wisely.

Thank you, that is all.
Case Dismissed

Court Dismissed

This case was presided by Judge Cooleagles