Tort Vs. Contract

Hi

I had another question and hoped someone could answer this for me. Here is my case in short.

My wife and I took a shuttle to the airport a few weeks ago. It was $30 one-way or $49 Round-Trip we obviously had to get back home upon our return so choose round trip when we got to the airport the driver gave us a vochure for use on our return as we paid $49 up front. What would this type of arrangement be under would it be considered a contract or would it fall under a tort?

Also I am reading a book on Small Claims court written by a SC Judge and he suggested in opening comments to say to the judge (and granted this is an example he used so how would I need to word it in my type of case?

"Your honor, this case involves the tort of conversion,"

That was the example used suggesting that it might impress the judge that you have done your research and also maybe intimidate your opponant some enough to maybe slip up on something vital if he or she thinks your better prepared then they are. Anyways any help would be much appriciated. This will be my first time bringing a case before SC's and as I'm sure all attorneys want they want to win as do I so the better I am prepared the better my chances. Thanks

wallace784

My response:

I sincerely applaud your efforts to be prepared. There's nothing that a judge likes better in his / her courtroom than someone who is prepared (well, maybe a real good looking woman couldn't hurt, but that's just my preference).

Anyway, be concise, do not argue with your opponent, wait your turn, do not interrupt the other litigant or, God forbid, the judge. When the judge starts talking, that's the exact moment you stop talking. The judge can interrupt you, but that does not give you permission to do likewise.

Another good way to distract your opponent is to take notes while they are testifying. Let the opponent see that you are doing this. It's unnerving. Make it look like you're writing everything down, fast and furious. Even if you're writing gibberish or doing tic-tac-toe, make it look important - - all the while as your opponent is glancing over at you.

Your lawsuit sounds in "contract". Therefore, your opening statement should include - -

"Your Honor, this matter is a breach of contract action . . . "

Then, at the beginning of your closing argument, you take a line or two from "Cool Hand Luke" - -

"Your Honor, what we have here, is a failure to communicate . . . "

(You get 10 Bonus Points if you can tell me the name of the actor that actually said that line from the movie).

Good luck to you.

IAAL

[Edited by I AM ALWAYS LIABLE on 05-17-2001 at 09:00 AM]

Tort Vs. Contract

Thanks I watch enough court TV partly to see at least where parties screw up so that I can try and be better prepared then they were and I see how (excuse me) pissed the judge can get if he or she is interupted.

As far as the subject question that is what I figured but wasn't 100% positive as the example of tort sounded alittle similar also but they also specificed if no contract then tort so was confusing as I assumed return trip vochure would be a form of a contract to honor our return home.

As far as bonus question closest I can come to an answer as I haven't seen the movie but this was used in the beginning of a Guns & Roses song called civil war and all I can say is it was a woman that mostly said this and she was probably portrraying an older southern lady based on the intro clip to the song other than that didn't see the movie so not sure who exactly said it.

Thanks again.

wallace784

My response:

No, I'm sorry. I can't award you the Bonus Points, but we do have some lovely parting gifts at the end of the show.

Strother Martin was the actor who says that most infamous line from the movie, "Cool Hand Luke".

This 1967 film was based on the Donn Pearce novel of the same name. It is the story of one man's life on a southern chain gang. Pearce himself had actually spent time on a chain gang for safecracking.

Even though the story takes place somewhere in the south, it was actually filmed north of Stockton, California where the prison camp was constructed for the movie. Moss was shipped in from Louisiana and draped over the oak trees for a more realistic southern look.

Paul Newman, who plays Lucas Jackson, was nominated for best actor but lost to Rod Steiger in In the Heat of the Night. He was also nominated for a Golden Globe Award in the category Best Motion Picture Actor - Drama. He again lost to Rod Steiger for In the Heat of the Night. The character Dragline is played by George Kennedy who won the Best Supporting Actor Oscar for that role. He was also nominated for a Golden Globe in that category but it was won by Richard Attenborough for his role in Dr. Dolittle. Strother Martin (1919-80) does a superb job of playing the Captain in this movie. Martin appeared in a few other movies with Newman including Butch Cassidy and the Sundance Kid. You may remember him in that movie as the donkey riding, tobacco spitting mine boss in Bolivia. Other actors to look for in Cool Hand Luke are Dennis Hopper (Bobalugats), Wayne Rogers (Gambler), Joe Don Baker (Fixer), Ralph Waite (Alibi), and J. D. Cannon (Society Red).

The opening scenes of Cool Hand Luke shows Luke drinking beer while cutting the heads off parking meters with a pipe cutter. He's arrested and sentenced to two years on a chain gang. The Captain asks him upon his arrival at the camp, "What'd you think that was going to get you?" He admits to Dragline later that he was settling an old score when he did it.

We learn that Luke is a war hero with a silver star, a bronze star, and a couple of purple hearts and that he made sergeant in the army but came out a buck private. It seems as if all of Luke's problems are caused by him trying to get even for some wrong that the system, whatever system he happens to be in at the time, perpetrated on him. And it is no different in the prison system. When the Captain puts him in "the box" after the death of his mother, afraid that he might try to run if left on the work gang, Luke retaliates by escaping every chance he gets. Up until that time he'd been a model prisoner but he felt he was being punished for no reason.

Dragline is the self appointed leader of the prisoners and he gives each man a name fitting that man's personality or some other characteristic. Luke bluffed during a poker game and won the pot. When Dragline saw the cards Luke was holding, he commented on his bad hand. Luke told him that sometimes nothing could be a cool hand. From that point on, he was known as Cool Hand Luke.

In one scene, Luke declares that he can eat fifty eggs in an hour. Dragline backs Luke and all the money in camp is riding on the outcome. Luke's explanation for doing it is that it gives him something to do.

Another interesting character in the film is Boss Godfrey played by Morgan Woodward. He's the road boss who has a rifle in the truck at all times but he keeps the bolt and the ammunition in his belt. He walks the road with a cane but when he sees something to shoot at, he raises the cane up in the air and the rifle is brought to him. He shows his prowess with the gun throughout the movie. Another feature that makes him seems so sinister, aside from the fact that he never speaks, is the sunglasses he wears. The camera frequently shows the reflections in those glasses so it seems as if you are seeing things from his point of view. Dragline calls him "the man with no eyes".

Things to notice in this movie are Luke's frequent search for God and the fact that even when he loses he beats his opponents.

IAAL

Tort Vs. Contract

Ah shucks LOLOLOL Maybe I'll have better luck next time LOL. Thanks for the info on the movie. Will have to watch it next time it's on TV.

My response:

Don't wait for it to be on T.V. - - go out and rent it !

I'm telling you, it's well worth paying a couple of bucks to watch from video - - especially without commercials, or being "edited for television".

If you like Paul Newman, this is a movie to see. Of course, have you ever heard of "a bad" Paul Newman movie ?

IAAL

The shot of 'Luke's stomach when he is laying there on the table having eaten the eggs.. great stuff and a great movie.