Chris Rock v. Larry the Cable Guy
The main issues in this case is whether Larry the Cable Guy violated the contract between himself and Chris Rock, and if he was legal attempts were made to notify Larry the Cable Guy of the civil lawsuit before a default judgement was awarded.
This is a contract and a summons case. A contract is a promissory agreement between two or more people that remove all legally enforceable obligation. Since people enter into a contract voluntarily, those contract term are not imposed by law. (p. 44) A writ of summons is the notification that a person or party has civil case has been brought against them and that a default judgement can be awarded unless the defendant responds with an answer in the stated period of time. (p.159)
A contract does not have the tangible documentation that contains evidence of an agreement. There are three part of every contract; offer, acceptance, and consideration. The offer is a written or oral communication of the agreement and what is to be returned. The acceptance is evidence of agreeing to the terms and the consideration is the confinement that both parties have entered into an agreement. A summons must be served on a defendant being sued in federal court within 120 days after the plaintiff files the complaint. When personal service of a summons is not possible the law permits substituted service and constructive service. Substitute service method involves sending the compliant to the defendant by certified mail and leaving those documents with a person that resides at the residents of suitable age. Constructive service is done by publishing the notice of the summons in the legal notice of summons section of the newspaper. A default to the complaint is awarded when the defendant fails to respond in a timely manner.
The Court examined a similar issue in Robert Johnson v. Cintas Corporation of United Healthcare (2012), stating that a default judgement was rewarded to Johnson because the defendant did not respond to the civil suit in a timely manner. Unlike this case were the plaintiff filed suit against the wrong corporation and was awarded judgment in error, Chris Rock suit against Larry the Cable Guy is not in error.
Since Chris Rock and Larry the Cable Guy had established an agreement that neither would use the others material without the other permission, then Larry the Cable Guy breached the verbal contract between the two. Chris Rocks civil lawsuit is justified and since all measures of notifying Larry the Cable Guy of the lawsuit were exhausted, the defendant was properly notified of the lawsuit. Also since the mandated 120 days has passed without a response from the defendant, then the default judgment was correctly awarded to the plaintiff.
The court should rule in favor of Chris Rock.