On Fri, Jul 25, 2008 at 01:15, Ed Murphy <[EMAIL PROTECTED]> wrote:
> Detail: http://zenith.homelinux.net/cotc/viewcase.php?cfj=2052
>
> ==========================  Equity Case 2052  ==========================
>
>    OscarMeyr has explicitly refused to join the Agoran Slavery
>    pledge, and the other players have implicitly refused to do so
>    by their inaction.
>
> ========================================================================
>
> Caller:                                 BobTHJ
>
> Judge:                                  woggle
> Judgement:
>
> ========================================================================
>
> History:
>
> Called by BobTHJ:                       27 Jun 2008 21:08:30 GMT
> Parties informed:                       01 Jul 2008 21:40:34 GMT
> Pre-trial phase ended:                  08 Jul 2008 21:40:34 GMT
> Assigned to avpx:                       12 Jul 2008 15:47:53 GMT
> avpx recused:                           22 Jul 2008 03:09:17 GMT
> Assigned to woggle:                     (as of this message)
>
> ========================================================================
>
> Caller's Arguments:
>
> While players certainly have the right to refuse to become party to
> this agreement due to R101, when it comes to equity surely I have been
> slighted by the refusal of the other players, and thus am deserving of
> compensatory damages?
>
> ========================================================================

Whereas the only party to the contract at issue for the purposes of
this case is BobTHJ and BobTHJ has acted entirely as desired by the
contract at issue, there is no imbalance that BobTHJ could correct.
The purpose of the equation contract is to demand the actions of the
parties fulfill the intent of the contract, not to seriously involve
external actors which BobTHJ's desired solution would necessarily do.

Also, there should be a strong presumption that excersizing R101
rights is equitable in order to avoid abridging those rights in an
equity judgment. Therefore, I find that even if we consider the
actions of non-parties to the contract, the situation is already
equitable as a whole (even if it is not as envisioned by the original
contract).

Therefore, I judge: "".

-woggle

Reply via email to