Hello, your honor, my name is Matthew100x, Partner Attorney at Inperium & Partners at Law, and I will be representing my clients Angell44 and ShadowLink17 ('my clients') against RextheBest ('the defendant').
My clients opened differing contracts with the defendant. Shadowlink opened a contract with the defendant for a payment agreement. Whereas Shadowlink is the Seller and the defendant is the Buyer (Evidence 1). Shadowlink created the payment agreement with the defendant for the sale of the building BC-100. The defendant put down a downpayment of 30,000 krunas and was asked to pay installments of 2,500 kr weekly to Shadowlink until November 18th, the date that the balance of the debt would be paid. Angell44 opened a loan for the defendant, with the building (BC-100) as collateral (Evidence 2, Evidence 3, and Evidence 4). My clients made these contracts with the Defendant separately. They, therefore, had no knowledge of each other's contracts.
Trouble almost immediately began for my client ShadowLink when the defendant began paying her haphazardly. The defendant sent two weeks' worth of payment On September 1st and then tried to pay in full on September 8th (Evidence 5 and 6). This was in the violation of the payment agreement that Shadow and the Defendant made since they had agreed to weekly payments. Shadow sent the money back to the defendant so that he may pay her back properly (Evidence 7 and Evidence 8).
The defendant assumingly wanted to pay the remainder of the balance for BC-100 off as a whole. The date of the loan was made September 8th, the same day that the defendant tried to pay back Shadow in full. In doing so, he arranged a loan with my other client Angell44 for 25,000 kr. When Angel made the loan to the Defendant, he did so without knowledge of the payment agreement between the defendant and Shadowlink. Additionally, he did not know that the defendant was not able to use the building (BC-100) as collateral. The defendant defrauded my client Angel44 by telling him fraudulent information to ascertain the 25,000 kr loan. This is illegal because of the Contract Legality Act, Sec 2 "contracts may not bind someone to something unknowingly, ie they may not have excessively hidden subtexts or clauses."
When my clients began investigating into the contracts that they made because of non-payment or promise of non-payment, they found out about each other's individual deals with the Defendant. The Defendant then began to mislead and misdirect both of my clients. Claiming that he sent money to both of them when in reality neither of them received any money (Evidence 9 and Evidence 10). He further attempted to defraud both of my clients by lying and being deceitful.
My client, Angell44 contacted the defendant about paying back the loan, to which the defendant states that he would not be paying him back (Evidence 11). In the case of Blacksyth v. Dwerpy, it was found that an anticipatory breach can void a contract. An anticipatory breach is defined as "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." The Defendant clearly states his intention to not pay back my client, thus committing an anticipatory breach of contract.
Your Honor, I am asking on the behalf of my clients for a remedy to these problems.
For Angell44, due to anticipatory breach of contract in addition to a fraudulent contract in violation of The Contract Legality Act. I ask that my client receives the krunas from the defendant that he loaned to him with no additional interest.
For ShadowLink17, I ask that the payment agreement be voided because of the fraudulent activity and anticipatory breach of contract committed by the Defendant. I request that she retains control of the plot BC-100 in addition to the krunas paid to her already.
Your honor, I rest my Opening Arguments.
My clients opened differing contracts with the defendant. Shadowlink opened a contract with the defendant for a payment agreement. Whereas Shadowlink is the Seller and the defendant is the Buyer (Evidence 1). Shadowlink created the payment agreement with the defendant for the sale of the building BC-100. The defendant put down a downpayment of 30,000 krunas and was asked to pay installments of 2,500 kr weekly to Shadowlink until November 18th, the date that the balance of the debt would be paid. Angell44 opened a loan for the defendant, with the building (BC-100) as collateral (Evidence 2, Evidence 3, and Evidence 4). My clients made these contracts with the Defendant separately. They, therefore, had no knowledge of each other's contracts.
Trouble almost immediately began for my client ShadowLink when the defendant began paying her haphazardly. The defendant sent two weeks' worth of payment On September 1st and then tried to pay in full on September 8th (Evidence 5 and 6). This was in the violation of the payment agreement that Shadow and the Defendant made since they had agreed to weekly payments. Shadow sent the money back to the defendant so that he may pay her back properly (Evidence 7 and Evidence 8).
The defendant assumingly wanted to pay the remainder of the balance for BC-100 off as a whole. The date of the loan was made September 8th, the same day that the defendant tried to pay back Shadow in full. In doing so, he arranged a loan with my other client Angell44 for 25,000 kr. When Angel made the loan to the Defendant, he did so without knowledge of the payment agreement between the defendant and Shadowlink. Additionally, he did not know that the defendant was not able to use the building (BC-100) as collateral. The defendant defrauded my client Angel44 by telling him fraudulent information to ascertain the 25,000 kr loan. This is illegal because of the Contract Legality Act, Sec 2 "contracts may not bind someone to something unknowingly, ie they may not have excessively hidden subtexts or clauses."
When my clients began investigating into the contracts that they made because of non-payment or promise of non-payment, they found out about each other's individual deals with the Defendant. The Defendant then began to mislead and misdirect both of my clients. Claiming that he sent money to both of them when in reality neither of them received any money (Evidence 9 and Evidence 10). He further attempted to defraud both of my clients by lying and being deceitful.
My client, Angell44 contacted the defendant about paying back the loan, to which the defendant states that he would not be paying him back (Evidence 11). In the case of Blacksyth v. Dwerpy, it was found that an anticipatory breach can void a contract. An anticipatory breach is defined as "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." The Defendant clearly states his intention to not pay back my client, thus committing an anticipatory breach of contract.
Your Honor, I am asking on the behalf of my clients for a remedy to these problems.
For Angell44, due to anticipatory breach of contract in addition to a fraudulent contract in violation of The Contract Legality Act. I ask that my client receives the krunas from the defendant that he loaned to him with no additional interest.
For ShadowLink17, I ask that the payment agreement be voided because of the fraudulent activity and anticipatory breach of contract committed by the Defendant. I request that she retains control of the plot BC-100 in addition to the krunas paid to her already.
Your honor, I rest my Opening Arguments.
