Verdict
IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
VERDICT
HypeGamer231 V. NotPhunky [2024] FCR 81
I. PLAINTIFFS POSITION
1. The plaintiff and defendant entered into an original agreement for the plaintiff to demolish the structure on c563 for $5,000.
2. The plaintiff and defendant then negotiated this price to $15,000 for the same amount of work.
3. The defendant removed the plaintiff from the plot, preventing him from making progress.
4. The defendant hasn’t paid the plaintiff for their work, nor the work that the plaintiff was unable to do due to the defendant’s deliberate actions.
II. DEFENDANT'S POSITION
1. The Defendant only removed the Plaintiff from the plot when they had been inactive and needed to find someone else who would be willing to complete the job. If anyone breached the agreement, it would be the Plaintiff.
2. The Defendant was truly willing to pay the Plaintiff for their work; however, the Plaintiff completed an insignificant amount of the demolition and then became inactive. The Defendant simply wanted their building demolished, and the Plaintiff's actions made it evident that they would be unable to do that. Therefore, the Defendant was right to find another worker to demolish the building.
III. THE COURT OPINION
- This ruling is based on the information presented by the parties and matters commonly known to the public.
- It is clear that the plaintiff and defendant entered into an agreement for the plaintiff to demolish c563 for $5,000, which was later renegotiated to $15,000. It is also clear that the plaintiff took a short break the same day, after which the defendant removed the plaintiff from the plot without payment or notice.
- A legal agreement was formed with the terms that if the plaintiff completed the work, they would be paid $15,000. The defendant prevented the plaintiff from finishing the work. Since this was a verbal agreement and not a written contract, the defendant would need to either pay the plaintiff an amount proportional to the work completed or both parties would need to agree to stop the work.
- Through witness testimony, it was revealed that the plaintiff claimed to have demolished 55% of the building, while the defendant claimed only 15-20% was demolished. Since no proof was provided regarding the exact amount of work completed, the court will assume a fair 37% of the work was done, taking the balance of probabilities into account. Neither side provided clear evidence of the demolition progress with photos. It was also revealed that the plaintiff did not communicate with the defendant about the issue before filing this suit, and the defendant had planned to take a loan to pay the plaintiff.
- The agreement was broken since the defendant did not pay for the work completed. However, it is clear the defendant intended to pay the plaintiff and was waiting for the loan. The plaintiff did not attempt to get payment before filing this suit, leading to the court's final opinion.
- The agreement was breached, entitling the plaintiff to compensation for the work completed. However, regarding punitive damages, the plaintiff did not communicate with the defendant to seek payment after being removed, and the defendant had no intent to outrageously scam the plaintiff.
IV. DECISION
In the matter of FCR 81, the court
rules in favor of the Plaintiff with a modified prayer for relief.
- The plaintiff will be paid $5,550 (37% of $15,000) for the work completed.
- The plaintiff is awarded $5,000 in legal fees to be paid to the lawyer, given the extended duration of the case.
The Federal Court thanks all involved.