[BITList] A well-argued court case

franka franka at iinet.net.au
Fri Jan 27 15:20:16 GMT 2012




*Quite cleverly put together I would say!
frank
*
*_Well-Argued Court Case_*

The beauty of a language and the art of constructingthe words of the 
language significantly lead to their meaning.
This is not a case of twisting, but of the refinedmanner of presentation 
by witty minds.

A good case for reference.

One evening, after attending the theatre, two gentlemen were walking 
down the avenuewhen they observed a rather well dressed and attractive 
young lady walking ahead of them.
One of them turned to the other and remarked, "/I'd give $250 to spend 
the night with that woman/."

Much to their surprise, the young lady overheard their remark, turned 
around, and replied,"/I'll take you up on that offer."
/
She had a neat appearance and a pleasant voice, so after bidding his 
companion good night,the man accompanied the young lady to her apartment.

The following morning, as he prepared to leave, the man gave her 
$125.She demanded the rest of the money, stating,"/If you don't give me 
the other $125 I'll sue you for it."
/
He laughed, saying "/I'd like to see you get it on these grounds."
/
Within a few days, he was surprised when he received a summonsordering 
his presence in court as a defendant in a lawsuit.

He hurried to his lawyer and explained the details of the case.His 
lawyer said, "/She can't possibly get a judgement against you on such 
grounds,but it will be interesting to see how her case will be presented/."

After the usual preliminaries, the lady's Lawyer addressed the court as 
follows:
"/Your honour, my client, this lady, is the owner of a piece of 
property,a garden spot, surrounded by a profuse growth of 
shrubbery,which property she agreed to rent to the defendant for a 
specified length of time for the sum of $250.
The defendant took possession of the property, used it extensively for 
the purposes for which it was rented,but upon evacuating the premises, 
he paid only $125,one-half of the amount agreed upon.
The rent was not excessive, since it is restricted property,and we ask 
judgement be granted against the defendant to assure payment of the 
balance/."

The defendant's Lawyer was not only surprised but also impressedAND 
amused by the way his opponent had presented the case.
Naturally, his defence was somewhat different from the way he originally 
planned to present it.
He rose to the occasion!

/'Your honour/," he said, "/My client agrees that the lady has a fine 
piece of property,that he did rent such property for a time, and a 
degree of pleasure was derived from the transaction.
However, my client found a well on the property around which he placed 
his own stones,sunk a shaft, and erected a pump, all labour performed 
personally by him.
We claim these improvements to the property were sufficient to offset 
the unpaid amount,and that the plaintiff was adequately compensated for 
the rental of said property.
We, therefore, ask that judgement not be granted/."

The young lady's lawyer answered,"/Your honour, my client agrees that 
the defendant did find a well on her property.However, had the defendant 
not known that the well existed, he would never have rented the property.
Also, upon evacuating the premises, the defendant removed the 
stones,pulled out the shaft, and took the pump with him.
In doing so, he not only dragged the equipment through the shrubbery,but 
left the hole much larger than it was prior to his occupancy,making the 
property much less desirable to others.
We, therefore, ask that judgement be granted./"

In the Judge's decision, he provided for two options:
"/Pay the balance $125 to the plaintiff,or have the equipment detached 
from its current location and provide it to the plaintiff for damages/."

The defendant wrote out a cheque immediately.

	


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