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I never mentioned 45USN having to argue that there was no contract. They can rebut but the onus is on BUL33T's friend to convince the Court.
Now now, remember back to when you wrote;
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It would be difficult for 45USN to argue his way out of an intention to create legal relations here as a reasonably solid agreement was had.
So in plain language, 4susn would have to prove no contract was made, otherwise 4susn would get reamed.
You should add that unless Bul33t's mate has a witnessed written contract, his case is going to be extremely hard to prove that a solid agreement was made. You should also mention that at uni you also learn how to talk up how such a good case can be made, just so you secure the customer. Win or lose, the lawyer gets paid.
Sounds like lawyers are just like mechanics except they dont get their hands dirty.
There is not enough ( should read ANY ) hard factual evidence for bul33t's mate to win in court. You said its also up to the judge. Well what odds can be put on that one? 2-1 or 100-1?
If that case could win. I would begin arranging to take my family on a holiday to NZ.
10 easy steps I would take;
1. Place wanted ad in NZ paper for a Green Monkey.
2. Pick any number out of the NZ phone book
3. Note down the address of this number and the persons name.
4. Call this number everyday for 3 weeks and abuse the person.
5. Book plane tickets and hire car and accomodation.
6. Send a letter Registered mail to this person, with the letter simply saying call me big boy and my number.
7. Wait for them to call.
8. Go on holiday to NZ , then come home.
9. Get a copy of phone records to prove I called this person and they called me at the last minute to pull out.
10. Get proof I sent a deposit to this person and they received it. ( mail was registered post - too easy )
11. Go to court and sit back.
Only thing I dont have is evidence the person originally called me to say they had a green monkey for sale. But since I already have more cold hard documented evidence than Bul33t's mate, I dont think it will be a problem. If he could win on only Verbal Statements, I can win with hard evidence and easily be compensated for my costs.
What you think Frodaddy? I might open up my own budget travel agency. Motto " Why work hard for a holiday, when you can work smart and take it easy ". I could even employ yourself to be an in house lawyer.
Somehow I dont think I would have a leg to stand on just like Bul33t's mate.
Transfer
