Do I have a case?

Back in July I started a job working 3rd shift and became friends with a woman who I let read the first draft of a novel that I am working on. The only reason I let her read it is because she was an older woman and I trusted her. I even gave her rides to work at night so she wouldn't have to ride the bus. a couple of months later, I was laid off and found other employment in the daytime. I also went back to school so I am really busy, although I had talked to her a few times to tell her that I would be needing my first draft.

Well, last week I called her told her I wanted to pick it up
that day and she said that she had given it to another associate of ours, earline. She said that she would give me my first draft the weekend after thanksgiving.I haven't heard from her even though I have been calling her continously.
This morning,I called earline at work and she said that she hadn't received it from the woman. I have been calling this woman continuously for my property and she isn't returning my calls. Do I have a case? I really want my property back.
Please email [email protected] with advice.

[Edited by Sheherd on 11-26-2000 at 12:38 PM]

My response:

Your problem is in the proof. Prove to me that you ever gave her your book manuscript. Then we'll have something to discuss.

I take it, this was your only copy?

IAAL

Nope. Sorry. I'm not that dumb. I have it all on my disk.
I also have a revised version in print, but I want my 1st draft back because It's mine and it belongs to me. It was established from the beggining that she was suppossed to return my draft after she read it.


Sheila

Sheherd said:

Nope. Sorry. I'm not that dumb. I have it all on my disk.
I also have a revised version in print, but I want my 1st draft back because It's mine and it belongs to me. It was established from the beggining that she was suppossed to return my draft after she read it.


Sheila

Click to expand...

My response:

Excellent !! And thank goodness.

But, she told me that she doesn't have your manuscript. You never gave it to her, and she has no idea what you're talking about. She told me she thinks you're nuts; that this whole matter is a figment of your imagination. And, besides, why would she want it? She tells me that she never liked your story-telling abilities anyway.

Catch my drift?

However, let's assume that you do sue her in Small Claims court. The judge will ask you, "What's the value of your manuscript?" And, you won't have an answer - - because at this point, an unsold story has no value. Any value is intrinsic to the author. The judge will have no idea what value to give you, if any at all - - because after proving that she has it, but lost it, it will be your burden to prove value. The judge can dismiss your case for failure to prove "damages" - - especially if you have a copy on disk.

Also, a Small Claims court cannot grant you "specific performance", i.e., cannot force her to turn the manuscript over to you. The Small Claims court simply does not have that kind of jurisdiction, like higher courts have. Also, a Small Claims court cannot give you "injunctive" relief; i.e., it cannot order her to never publish the story herself. A Small Claims court can only give you a money judgment; and, if you can't prove damages, you'll be out of luck altogether.

IAAL

[Edited by I AM ALWAYS LIABLE on 11-28-2000 at 12:32 AM]