[Fraud] Dani_ddd vs Bath - Guilty

Lawsuit between Dani_ddd and the town of

Dani_ddd was charged with commission of fraud.

The sentence has been passedStatement of accusation
The defendant has been proved guilty of fraud.
Dani_ddd, for the charges of fraud, more specifically, for the breach of contract with the TH of Bath. You are hereby found Guilty. You are fined 125.4 pounds as defined in the law as the money lost in the deal + 10%. The money lost is the value of the 6 knives that you failed to deliver: 114, plus 10%: 11.4 pounds.
You were well aware of what the iron ore ounces were for when you made them. I have read over the forum threads... each of them, and there is no doubt in my mind you were trying to get more out of the deal than you had agreed to. Let this be a lesson to you about making deals you do not intend to keep.
The defendant has been sentenced to 125 pounds fine.


Bill of indictment
As the mayor of Bath, I charge Dani_ddd, blacksmith of Bath with breach of contract. Dani_ddd had accepted a contract from the Town Hall of Bath by which he would be given iron to complete orders either on behalf of the Town Hall or individuals who posted in his smithy thread. As Mayor, I had placed such an order for 6 knives on August 14th and posted 2 iron ounces for Dani_ddd on the market. The iron was duly bought by Dani_ddd. A time period of 2 days was given to him to complete the job. The deadline for the job got over nearly 8 hours ago, and no knives were put up.
There are a lot of other factors to be considered including his past history in Bath and Sevenoaks, and the reason why he was given a contract. I shall call myself, Sajanzv, and a citizen of Bath, Rosalynn, as witnesses in this case.

As further evidence in this case, I present to Court the following public documents:
http://www.acilion.com/englishforum/viewtopic.php?t=17136
http://www.acilion.com/englishforum/viewtopic.php?t=16172
http://www.acilion.com/englishforum/viewtopic.php?t=15942&start=15

First defence pleading
Your Honour,
On Mon Aug 14, 2006 7:18 am a contract between Dani_ddd and the town hall of Bath represented by sajan was signed by both sides. Both sides expressed there will to sign it (http://www.acilion.com/englishforum/viewtopic.php?p=253166#253166). This is the text of the contract signed by Dani_ddd and the Town Hall of Bath:

''The Town Hall of Bath is obliged to sell to Dani_ddd, blacksmith of Bath, at the most 2 iron ounces for 19 pounds upon a request from Dani_ddd for the same. A request from Dani_ddd can only be made if there are orders for his products from the Town Hall or from individuals who post in his Iron Fist workshop topic.

Dani must sell each product at a price equal to or less than the price quoted in the mayor's price index as the price at which the Town Hall of Bath will buy that product. The mayor is obliged to regularly update the price index, taking into consideration the average daily wage for craftspersons and the cost of raw materials. The cost of all raw materials, that is wood or wood derived raw materials, will be based on the prices at which wood is sold by the Town Hall on the players market.

Breach of contract by either party, ie, Town Hall represented by the mayor of Bath on one hand and Dani_ddd, blacksmith of Bath on the other hand, will lead to prosecution of the party that breaks this contract.

This contract will remain valid until either of the following events occur :
1) There is a change in mayor by means of fair elections.
2) Dani_ddd ceases to be a blacksmith.''


On Mon Aug 14, 2006 at 7:23 am the mayor post an order for 2 knives. Here is a full copy of the order:

''Two iron @ 19 put up for sale in the player's market. The TH needs 6 knives over the next 2 days.''


On Mon Aug 14, 2006 at 7:54 am after reading the order I made a request for 2 iron ounces (http://www.acilion.com/englishforum/viewtopic.php?t=15942&start=15):

''Now to topic: I see TH has an order for 6 knives. According to my contract such an order is a cause for me to make a request to the TH for iron. As TH asks for 6 knives, I will need 2 iron ounces.''


The contract is pretty clear when it come to the way I can get orders and make request: I am allowed to make request for iron upon each order that is posted in my shop topic in Bath Hall. On the other hand the Town Hall is obliged to fulfil my request made on the base of such order. Fulfilling of my request was denied. That is the reason I on my hand refused to fulfil my part
I reminded the mayor about my request several times but he persistently refused to accomplish it. According to a well known principle of law: One that hasn't accomplished his obligations cannot ask the other side to accomplish its.
That is the reason I didn't posted the knives. According to the contract sajanzv was the first to brake the contract: 2 iron ounces were posted at the market before sajanzv made an order. After I read the order, I followed the contract that gives me right to make a request for iron. I made this request but the mayor persistantly refused to follow his obligation and deliver me iron on behalf of my rightful request. That is the reason I kept the knives for myself untill the court deside whether there is a breach of contract by sajanzv or not.
Last iron I bought: 14-08-2006 09:30 : You have bought from Sajanzv 2 iron ore ounces for 19,00 pounds.
You see I had bought the iron before sajanzv made an order and before I make a request for iron.

If the court has any doubts about the information I have posted, I am ready to give screenshots per request by the judge.

I plead not guilty and I believe I will be discharged.

I call The Public Prosecutor to testify I mailed her about this case before I was put on trial.
The time I have posted are at GMT+2 (my time). If you court has any doubts about the dates, I am ready to give the judge a screenshot of my events. About the dates for signing the contract, the order and the request, the judge can check Bath Hall and/or the links I have posted.

Prosecutor indictment
Dani_ddd has deliberately left out the fact that the mayor of Bath and he had agreed to the order of 6 knives in the tavern itself when they signed the contract. He has left out the fact that he knew about the pending order which was a post script to the contract posted on August 13th. He left out the fact that he had accepted the order for 6 knives in the tavern between 7.18 AM and 7.23 AM GMT, August 14th. He left out the fact that he knew the mayor was going to post 2 iron ounces for him to comply with the order for the 6 knives. He left out the fact that the mayor had informed this to him in the tavern.

Dani_ddd stated "Last iron I bought: 14-08-2006 09:30 : You have bought from Sajanzv 2 iron ore ounces for 19,00 pounds. You see I had bought the iron before sajanzv made an order"

The game time is 2 hours ahead of GMT. So that time would work out to 7:30 AM GMT. Thus as you can clearly see, Dani_ddd bought the iron after the order was placed, and the iron was placed for him to comply with the order of 6 knives. He was well aware of the fact that the mayor was placing the 2 iron ounces on the market for Dani_ddd to buy since Dani_ddd was informed of the fact in the tavern itself. Hence, there was no need for a further request since the request had already been granted in the tavern itself.

He left out all these facts and has twisted the truth in the forums. He has proceeded to do the same here in Court.

This is not the first time he has done so. He had in fact even twisted the truth in front of the Court of Appeals in another case as can be seen from http://www.acilion.com/englishforum/viewtopic.php?t=16357.

He has repeatedly failed to state the whole truth. And to do so in Court is even more frowned upon.

The original indictment for breach of contract stands for Dani_ddd's failure to comply with the conditions of the contract. The Town Hall has still not received the 6 knives from him.

I would also ask that the Court consider Dani's statements that have been made here in Court, and in the forums I have mentioned. He has never deigned to tell the whole truth, but has always twisted it to his own benefit whenever possible. Prominent citizens from Sevenoaks where he once served as mayor, from Bath, and even from other places can attest to this.

Last defence pleading
First of all I wish to give my regards to the court for giving me enough time to write down my pleading though it was not obliged. Thank you!
Now back to topic.
I would ask the court to be impartial. In this trial I had never mentioned anything about sajanzv's good will, his virtues or personal qualities as all these things, I hope Your Honour will agree are not of consern about this trial. I also think that my personal qualities and general behaviour are not part of the trial. I had never been found guilty in any trial and according to the law I am as good citizen as each one in this hall.
We are gathered here to find out if there is a breach of contract by me (Dani_ddd).
I read the contract over and over again. However I couldn't find a single point that I had ever broken. Well, here is the contract (I am sure both sides have already presented a link from which Your Honour can verify the text of the contract):
''The Town Hall of Bath is obliged to sell to Dani_ddd, blacksmith of Bath, at the most 2 iron ounces for 19 pounds upon a request from Dani_ddd for the same. A request from Dani_ddd can only be made if there are orders for his products from the Town Hall or from individuals who post in his Iron Fist workshop topic.

Dani must sell each product at a price equal to or less than the price quoted in the mayor's price index as the price at which the Town Hall of Bath will buy that product. The mayor is obliged to regularly update the price index, taking into consideration the average daily wage for craftspersons and the cost of raw materials. The cost of all raw materials, that is wood or wood derived raw materials, will be based on the prices at which wood is sold by the Town Hall on the players market.

Breach of contract by either party, ie, Town Hall represented by the mayor of Bath on one hand and Dani_ddd, blacksmith of Bath on the other hand, will lead to prosecution of the party that breaks this contract.

This contract will remain valid until either of the following events occur :
1) There is a change in mayor by means of fair elections.
2) Dani_ddd ceases to be a blacksmith.''

I will analize this contract with the only desire to find out which part of it I have broken.
I will start with:
This contract will remain valid until either of the following events occur :
1) There is a change in mayor by means of fair elections.
2) Dani_ddd ceases to be a blacksmith.''
This is the last part of the contract. It points out the conditions that makes the contract invalid. By their nature they cannot be broken. The first condition do not depends on the personal will of either of the sides and the second is an option for me to get out of the contract (I am still smith).

Lets go to the next part of the contract:
'Breach of contract by either party, ie, Town Hall represented by the mayor of Bath on one hand and Dani_ddd, blacksmith of Bath on the other hand, will lead to prosecution of the party that breaks this contract.'
By its nature this part of the contract cannot be broken too. Any breach of contract is supposed to cause a trial against the side that is guilty for its breaking. Of course, in our case there are two trials against both sides. The reason for this is that the two sides have different point of view and each of them thinks that the opposite side is guilty for braking the contract.

The third part:
Dani must sell each product at a price equal to or less than the price quoted in the mayor's price index as the price at which the Town Hall of Bath will buy that product. The mayor is obliged to regularly update the price index, taking into consideration the average daily wage for craftspersons and the cost of raw materials. The cost of all raw materials, that is wood or wood derived raw materials, will be based on the prices at which wood is sold by the Town Hall on the players market.
There is no braking of a point in this part. I had never sold products for more than the prices, quoted by the mayor (after I accepted the contract) and the mayor is updating the info as he is obliged to.

The forth part:
''The Town Hall of Bath is obliged to sell to Dani_ddd, blacksmith of Bath, at the most 2 iron ounces for 19 pounds upon a request from Dani_ddd for the same. A request from Dani_ddd can only be made if there are orders for his products from the Town Hall or from individuals who post in his Iron Fist workshop topic.'
I had never broken a point of this part of the contract too. The first sentence contains only an obligation for the town hall. The second sentence contains only a right for me (to make a request for iron upon an order). By its nature I cannot brake the contract by using or not using a right (right is given so that a personal can use it or not by his/her own will).

That was a full version of the contract. I hadn't missed a word. I analized the parts from the back to the front for my easiness. This order do not change the meaning of the contract. If Your Honour insists, he can mail me ingame with a request to send him this analizing in another order. I will accomplish this request in 24 hours.
I would also ask if Your Honour has any questions to mail me ingame. I will be glad to answer as soon as possible.

Dani

The defence called Allikath
His statement:
I did recive a PM from the defendant asking me to Prosecute Sajanzv, the mayor of Bath, for Breach of Contract on the 16th of August. I asked him to forward his proof ans I would look into it. I am obligated as a public official to honor the accusation of all citizen. I was going to file the case and will do so unless your honor believes it would be a waste of the court's time.

The prosecutor called Rosalynn
His statement:
Your Honour,

I was in attendance for the meeting between Sajanzv, mayor of Bath, and Dani_ddd, citizen of Bath, as it was held in my tavern, "Light's Out Saloon" in Bath.

The mayor worked tirelessly with Dani_ddd for several hours as Dani_ddd repeatedly requested sentences be reworded, words replaced, to the point it became obvious that no matter how many changes were made, Dani_ddd had no intention of signing the contract. Dani_ddd stated he would make up his own contract to which the mayor told him repeatedly that it is the Town Hall from where the contracts are issued, one drawn up by himself (Dani_ddd) would not be legal or binding.

At that time as well, the mayor did inform Dani_ddd that once he signed the contract, 2 iron ounces would be put on the market for his first order for the Town Hall. It was my understanding at the time that the iron was dependent on Dani_ddd's signing the contract, putting it into effect then and there.

The prosecutor called Sajanzv
His statement:
Your Honour,

I stand here today as the elected Mayor of Bath. There is a reason why the Town Hall of Bath issued a contract to Dani_ddd in the first place. This man, Dani_ddd, had been given iron by me as mayor as soon as I was elected mayor. I had told him what the fair prices for his products would be and he was aware of the fact from my market price index posted both in Town Hall and in the forum. At that time, he was the only blacksmith in Bath. Dani_ddd, knowing this, posted his knives at 19p, which meant he was trying to earn a 35p daily wage when all other craftspersons were earning 30p or less. This attempt to make excess profit at the expense of the town of Bath went against any principle of fairness. Thus it was then that I as mayor decided that Dani_ddd, blacksmith of Bath, would receive iron by contract. Futhermore, out of the 21 current craftspersons in Bath, Dani_ddd is the only one who has tried to obtain a 35p daily wage while all the others work for 30p or less.

Hence, I drafted a contract for Dani_ddd on behalf of the Town Hall. I first posted a contract on August 10th. He refused to sign it and complained that I was not supplying him with iron. This was in spite of a hectic negotiation in the Light's Out Saloon, which Rosalynn has already mentioned. He asked for a multitude of changes, I made a few pertinent ones, yet he continued to refuse to sign the contract. Dani’s complaints and the changes I made on that first contract draft can be clearly seen in http://www.acilion.com/englishforum/viewtopic.php?p= 248446# 248446 and the following few posts.

Since I am a fair man and felt the need to keep all the craftspersons employed as much as possible as, I put up a new contract on August 13th, and mentioned as a post script to the contract that as soon as Dani_ddd accepted the contract, an order for 6 knives will be placed. We signed the contract on August 14th and as soon as the contract was signed, I posted 2 iron for Dani_ddd to start work on the 6 knives. The Town Hall has still not received the knives from Dani_ddd as per the conditions of the contract.
.
Part of the contract stated that “A request from Dani_ddd can only be made if there are orders for his products from the Town Hall … ”
Coming to Dani’s assertion that the order was only placed on August 14th at 7.23 am, I would ask the Court to turn its attention to http://www.acilion.com/englishforum/viewtopic.php?p=252790#252790 where on August 13th I had stated in the draft contract that “If you agree to this contract, quote it a new reply and state that you accept the contract. I will start off by supplying 2 iron for you to produce knives.”

Furthermore the contract has never stated that the Town Hall must place an order in Dani_ddd’s smithy thread. That is for individual orders only. At the time of the signing of the contract, both myself and Dani_ddd had been negotiating this contract in the tavern. I again stated there that if he signed the contract, I would immediately post 2 iron ounces for him to start work on the 6 knives. As soon as I as mayor signed the contract, I verbally informed Dani_ddd in the tavern that the Town Hall had an order for 6 knives and that I would post 2 iron ounces for him to fulfill the order. He agreed to it verbally in the tavern and then I posted the 2 iron ounces at 19p each on the market. This was done in good faith to save time for both parties.

Dani_ddd was well aware of the order since he was in the tavern at the time, and he had verbally agreed to the order in the tavern. So in short, Dani_ddd was well aware of the order for 6 knives from the Town Hall, and he was well aware of the fact that I was going to post 2 iron ounces for him to begin the work. It was only to make people of Bath formally aware of the fact that this was done that I posted an order in his thread. But the actual order was already pending, it had been pending since August 13th itself when the contract was first drafted, and Dani_ddd was well aware of the order and had agreed to the order in the tavern itself when we signed the contract. If the Judge checks the timings, he will know for a fact that there was a 5 minute gap between me as mayor signing the contract and posting the confirmation of the order in Dani_ddd’s smithy thread. It was during this time that both parties verbally agreed to the order for 6 knives and the request for 2 iron ounces.

Thus I would like the Court to not only find Dani_ddd, blacksmith of Bath, guilty of breach of contract with the Town Hall of Bath, I would also ask the Court to judge harshly based on his statements here. He lied that he was unaware of the order prior to 7.23 am GMT on August 14th when I had verbally communicated the order to him in the tavern as soon as we signed the contract. Also the August 13th contract clearly shows that there would be an order for 6 knives as soon as the contract was agreed to by both sides. The Town Hall has yet to receive the 6 knives due on August 16th from Dani_ddd. Finally, if the Court reads through the threads posted as evidence in the indictment by the Town Hall, two common patterns become clear. Firstly, Dani_ddd has never cooperated with the Town Hall of Bath, hence he was issued a contract. Secondly, the twisting of the truth in his replies is another common pattern. Prominent citizens from Bath and from outside Bath have commented on this behavior of his in this matter.

Thank you.

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