Comments on: My moving nightmare — a quiz for my readers in law school http://www.mutantfrog.com/2005/10/30/my-moving-nightmare-a-quiz-for-my-readers-in-law-school/?utm_source=rss&utm_medium=rss&utm_campaign=my-moving-nightmare-a-quiz-for-my-readers-in-law-school Photos, Stories and articles on East Asia Fri, 30 Jul 2010 14:58:45 -0700 hourly 1 http://wordpress.org/?v=abc By: Jan http://www.mutantfrog.com/2005/10/30/my-moving-nightmare-a-quiz-for-my-readers-in-law-school/comment-page-1/#comment-286704 Jan Wed, 13 Aug 2008 03:22:22 +0000 http://www.mutantfrog.com/2005/10/30/my-moving-nightmare-a-quiz-for-my-readers-in-law-school/#comment-286704 That's pretty terrible moving experience there. If that happens to me I think I could kill someone. I'm glad that it ended up with comfort with the help of your dad and friends. That’s pretty terrible moving experience there. If that happens to me I think I could kill someone. I’m glad that it ended up with comfort with the help of your dad and friends.

]]> By: Mutant Frog Travelogue » Blog Archive » Peace at last: Adamu is no longer homeless http://www.mutantfrog.com/2005/10/30/my-moving-nightmare-a-quiz-for-my-readers-in-law-school/comment-page-1/#comment-28498 Mutant Frog Travelogue » Blog Archive » Peace at last: Adamu is no longer homeless Sun, 18 Dec 2005 19:53:07 +0000 http://www.mutantfrog.com/2005/10/30/my-moving-nightmare-a-quiz-for-my-readers-in-law-school/#comment-28498 [...] After Paco screwed me royally back in October, there was a bit of an ordeal when I tried to get my deposit back: [...] [...] After Paco screwed me royally back in October, there was a bit of an ordeal when I tried to get my deposit back: [...]

]]> By: Justin http://www.mutantfrog.com/2005/10/30/my-moving-nightmare-a-quiz-for-my-readers-in-law-school/comment-page-1/#comment-24927 Justin Mon, 31 Oct 2005 05:38:30 +0000 http://www.mutantfrog.com/2005/10/30/my-moving-nightmare-a-quiz-for-my-readers-in-law-school/#comment-24927 That's solicitation, right? You gave him money, and he screwed you. Nah, but seriously though - sorry to hear about this and I hope things work out, man. That’s solicitation, right? You gave him money, and he screwed you.

Nah, but seriously though – sorry to hear about this and I hope things work out, man.

]]> By: Curzon http://www.mutantfrog.com/2005/10/30/my-moving-nightmare-a-quiz-for-my-readers-in-law-school/comment-page-1/#comment-24926 Curzon Mon, 31 Oct 2005 05:35:07 +0000 http://www.mutantfrog.com/2005/10/30/my-moving-nightmare-a-quiz-for-my-readers-in-law-school/#comment-24926 Sue already. Sue already.

]]> By: Shuhei http://www.mutantfrog.com/2005/10/30/my-moving-nightmare-a-quiz-for-my-readers-in-law-school/comment-page-1/#comment-24925 Shuhei Mon, 31 Oct 2005 05:29:45 +0000 http://www.mutantfrog.com/2005/10/30/my-moving-nightmare-a-quiz-for-my-readers-in-law-school/#comment-24925 Even under the Japanese law, Paco's action is default of an obligation and can be considered as "actus reus (tort)". The doctrine of estoppel can apply to this case. When you said you wanted to rent a room and Paco accept your offer, the contract itself is perfectly effective. Plus, you gives a deposite of $500. This can be considered as an earnest money for the effective contract. So, this also strengthens your position as the creditor. Because the contract is effective, you can claim for damages based on Paco's default of the obligation to open the room for you. You can also claim for a tort. Paco knew you would get damages. If Paco had predictability of your damages such as "storage fee" or "car rental fee" and "other fees that you spent for your accomodation", Paco has a duty to aviod from damaging you. You can also claim for psychologic(al) damage. So, you can claim for a tort, too. However, this is all about under the Japanese law though.... Even under the Japanese law, Paco’s action is default of an obligation and can be considered as “actus reus (tort)”. The doctrine of estoppel can apply to this case. When you said you wanted to rent a room and Paco accept your offer, the contract itself is perfectly effective. Plus, you gives a deposite of $500. This can be considered as an earnest money for the effective contract. So, this also strengthens your position as the creditor.
Because the contract is effective, you can claim for damages based on Paco’s default of the obligation to open the room for you.

You can also claim for a tort. Paco knew you would get damages. If Paco had predictability of your damages such as “storage fee” or “car rental fee” and “other fees that you spent for your accomodation”, Paco has a duty to aviod from damaging you. You can also claim for psychologic(al) damage. So, you can claim for a tort, too.

However, this is all about under the Japanese law though….

]]> By: Saru http://www.mutantfrog.com/2005/10/30/my-moving-nightmare-a-quiz-for-my-readers-in-law-school/comment-page-1/#comment-24893 Saru Sun, 30 Oct 2005 23:33:24 +0000 http://www.mutantfrog.com/2005/10/30/my-moving-nightmare-a-quiz-for-my-readers-in-law-school/#comment-24893 And see if you can get damages for my back going out during the moving! And see if you can get damages for my back going out during the moving!

]]> By: Joe http://www.mutantfrog.com/2005/10/30/my-moving-nightmare-a-quiz-for-my-readers-in-law-school/comment-page-1/#comment-24863 Joe Sun, 30 Oct 2005 20:25:54 +0000 http://www.mutantfrog.com/2005/10/30/my-moving-nightmare-a-quiz-for-my-readers-in-law-school/#comment-24863 I am in full agreement with Curzon. All of your moving expenses count as reliance damages and Paco owes you for them, in addition to the deposit. Of course, it might be more expensive for you to sue him than to just take the losses and move on. Also, if Paco was visibly drunk all the time, though, it might put you in a situation where you contract with him at your own risk. He would have to raise that as a defense, though, which would sound really lame and probably not get much sympathy from the judge, unless the judge is under the impression that you were trying to pull a fast one on Paco while he was "out of it." The receipt he gave you should suffice as proof that you had a contract to move in on that date, but collect all the evidence you can find. I am in full agreement with Curzon. All of your moving expenses count as reliance damages and Paco owes you for them, in addition to the deposit. Of course, it might be more expensive for you to sue him than to just take the losses and move on.

Also, if Paco was visibly drunk all the time, though, it might put you in a situation where you contract with him at your own risk. He would have to raise that as a defense, though, which would sound really lame and probably not get much sympathy from the judge, unless the judge is under the impression that you were trying to pull a fast one on Paco while he was “out of it.”

The receipt he gave you should suffice as proof that you had a contract to move in on that date, but collect all the evidence you can find.

]]> By: Curzon http://www.mutantfrog.com/2005/10/30/my-moving-nightmare-a-quiz-for-my-readers-in-law-school/comment-page-1/#comment-24861 Curzon Sun, 30 Oct 2005 19:44:44 +0000 http://www.mutantfrog.com/2005/10/30/my-moving-nightmare-a-quiz-for-my-readers-in-law-school/#comment-24861 A lot. Sue Paco's ass for expenses and damages, based on deception, false reliance. Make sure you keep all those emails (sent and recieved) to show proof of contract and all the rest. I don't know MD landlord-tenant law, but talk to a lawyer who does and go kick some ass. A lot. Sue Paco’s ass for expenses and damages, based on deception, false reliance. Make sure you keep all those emails (sent and recieved) to show proof of contract and all the rest. I don’t know MD landlord-tenant law, but talk to a lawyer who does and go kick some ass.

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