Contract negotiations with the deceased
May 25, 2018 3:21 PM Subscribe
Looking for case law on how a contract matter might be interpreted if one of the parties is alive when a motion to vary is filed but dies while waiting for the court date.
I’m a third-party to such a dispute and we are looking for avenues of research to supplement a weak lawyer.
We have heard that there is one interpretation where the judge might interpret such a case as a “snapshot in time” and rule as if both parties were still alive. In such a case, matters such as assets of estate, debtors of it and so on would not be considered.
We have conversely heard that some judges would take the death into account as a ‘change in circumstances’ and factor such matters in. So we aren’t sure what is the more likely scenario. I can’t go into too much detail but basically we have someone who is a legitimate creditor of the state for a certain amount and is arguing that she is entitled to announce it because if she had still been alive to associate with her, she would have had a different agreement than she has. And indeed, the motion was filed when he was alive...
But at the same time, he die and dead guys can’t renegotiate contracts, can they? Isn’t what he ‘would have’ done in court purely in the realm of speculation now?
I’m a third-party to such a dispute and we are looking for avenues of research to supplement a weak lawyer.
We have heard that there is one interpretation where the judge might interpret such a case as a “snapshot in time” and rule as if both parties were still alive. In such a case, matters such as assets of estate, debtors of it and so on would not be considered.
We have conversely heard that some judges would take the death into account as a ‘change in circumstances’ and factor such matters in. So we aren’t sure what is the more likely scenario. I can’t go into too much detail but basically we have someone who is a legitimate creditor of the state for a certain amount and is arguing that she is entitled to announce it because if she had still been alive to associate with her, she would have had a different agreement than she has. And indeed, the motion was filed when he was alive...
But at the same time, he die and dead guys can’t renegotiate contracts, can they? Isn’t what he ‘would have’ done in court purely in the realm of speculation now?
I don't understand everything in your question, but generally, if you wanted to renegotiate a contract with a dead person, you would negotiate with the executor or personal representative of the estate. The executor "stands in the shoes" of the decedent, and acts in the best interest of the heirs.
If the death is that recent, it's likely that a pending motion would need to be continued (postponed) to allow time for an executor to be appointed and to get up to speed on the case.
posted by Sxyzzx at 12:52 AM on May 27, 2018 [1 favorite]
If the death is that recent, it's likely that a pending motion would need to be continued (postponed) to allow time for an executor to be appointed and to get up to speed on the case.
posted by Sxyzzx at 12:52 AM on May 27, 2018 [1 favorite]
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posted by praemunire at 4:53 PM on May 25, 2018 [2 favorites]