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Australian Survivor!! Now - Tribal!! Final!! Congratulations to our Sole Survivor - Outpost31!!


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Just now, Shady Slim said:

Greg, accessory to the stealing of a car by his cousin, is joyriding around with his cousin and asks to be let out of the car. The cousin does not stop and the joyriding continues, and there is an accident and they are both hurt. Generally, there is no duty of care when parties engage with joint illegal enterprise; Greg argues this is precluded here as he requested the other cousin let him out of the car, and he has a claim against his cousin. Does he?

2TIT said that there was a claim

D2S said there as not

Yes – as said, the bar on claims during joint illegal activities was nixed upon Greg asking he is let out of the car – but he’s still not immune to any criminal prosecution for the theft itself of the car. The case is Miller v Miller.

greg met the withdrawal requirements as short of flinging himself out of the car he couldn't really do much else

D2S leads it by 10-9

ouch. embarrassing @Ragnarok

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Just now, swoosh said:

pro pedophiles and anti blind people. I'm a proud tribe captain tonight. 

Tears Of Joy GIFs - Get the best GIF on GIPHY

now...what if the pedophile was blind

now we have a moral dilhema for the ones that partook in this challenge

(i didnt)

Edited by Malfatron
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Just now, Shady Slim said:

Greg, accessory to the stealing of a car by his cousin, is joyriding around with his cousin and asks to be let out of the car. The cousin does not stop and the joyriding continues, and there is an accident and they are both hurt. Generally, there is no duty of care when parties engage with joint illegal enterprise; Greg argues this is precluded here as he requested the other cousin let him out of the car, and he has a claim against his cousin. Does he?

2TIT said that there was a claim

D2S said there as not

Yes – as said, the bar on claims during joint illegal activities was nixed upon Greg asking he is let out of the car – but he’s still not immune to any criminal prosecution for the theft itself of the car. The case is Miller v Miller.

greg met the withdrawal requirements as short of flinging himself out of the car he couldn't really do much else

D2S leads it by 10-9

We demand a retrial. 

In 'Murica

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Greg agrees with a shopping chain to build a store for one of their franchises, and has to begin construction before a contract is fully formed to get the store completed by the date requested by the chain – the store is informed of Greg beginning construction though they do not sign the lease, but let them continue building. When Greg is 40% done they tell him they don’t actually want the location any more. Greg tries to use estoppel – a way to enforce a promise not yet a full contract – to make the store honour their side of the deal, but does this work?

Yes – estoppel can in limited circumstances be used as a “sword” (to create a contract from just a promise when departure from the promise would be unconscionable) and in this instance it was ruled so. The case is Waltons Stores v Maher

so

estoppel is quite fun and a favourite of mine tbh

11-10

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1 minute ago, Shady Slim said:

Greg, accessory to the stealing of a car by his cousin, is joyriding around with his cousin and asks to be let out of the car. The cousin does not stop and the joyriding continues, and there is an accident and they are both hurt. Generally, there is no duty of care when parties engage with joint illegal enterprise; Greg argues this is precluded here as he requested the other cousin let him out of the car, and he has a claim against his cousin. Does he?

2TIT said that there was a claim

D2S said there as not

Yes – as said, the bar on claims during joint illegal activities was nixed upon Greg asking he is let out of the car – but he’s still not immune to any criminal prosecution for the theft itself of the car. The case is Miller v Miller.

greg met the withdrawal requirements as short of flinging himself out of the car he couldn't really do much else

D2S leads it by 10-9

I'm actually proud of this one.  I even said throw me in front of the judge and I'd argue this case for her. 

Also we got one @Ragnarok didn't!!!!

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and then there was one

Greg is in the market for a horse and buys one. Upon delivery of the horse Greg is told that it is free from vice; Greg finds that the horse is not, in fact, vice free, and sues the vendor for a breach of contract. Can he?

2TIT said that there was no suit

D2S said that there was

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