1 Comments Commercial law, litigation, contracts, IP, property law
This is a very interesting case outline or line of enquiry - similar to ours it seems and we appear to face same kind of problems with pleadings and the absolute nightmare of being a SRL in torts &/or equity. You are very brave given the law if not actually about "justice" but instead about splitting hairs and minute distinctions at law - some nonsensical. We are in WA so different rules apply. Our defendant has demonstrably perjured himself in 2 other jurisdictions; but because he is a known fraud perpetrator; he just can't help lying - it's just what malignant narcissistic sociopaths DO ALL the time. Your main benefit is prior findings. We have prior findings in a Magistrates Court case too not favourable to mr Liar, cheat, bully & fraud. But we were lucky to be contacted by a previous victim of the defendant. Does your defendant have others s/he has also afflicted? If so FIND them soon! Perhaps there is a "pattern of conduct" upon which you can rely? Our understanding (not legal advice) is that you should NOT plead the cases or evidence just the bases of action. The four elements to every successful tort case are: duty, breach of duty, causation and injury. So say it's the tort of deceit; it goes something like this we think:- 1. the defendant made a representation; knowing it to be false (or was recklessly indifferent to the truth or falsity etc); 2 the plaintiff relied on the defendant's representation/s; and 3 as a result, the plaintiff suffered loss and damage. That's it. Google the elements of the tort (which tort/s BTW?) then set out each element in turn. We have numerous, overlapping torts AND equitable breaches including Unlawful Means conspiracy, deceit, fraud, ouster - the whole nine yards. "Hurt feelings" are notoriously difficult bases for which to gain compensation. Are you sure you want to run the risks of losing? - it could turn out VERY expensive. "Principle" is not always the best basis for running the not insignificant risks. If the financial costs are minor, why not just settle and move on? Our financial losses were MASSIVE and we too want compensatory, aggravated & exemplary damages. But it's a MINEFIELD! Lawyers salivate about defending ludicrously indefensible cases. They DO NOT run the risks. But we SRLs do run those risks. Is there any more detail you could provide without "giving away" identity etc? Is it a property case or what? Best regards from "jeffro in WA".