Proof of Judgment - #1 🧑‍⚖️

💁 *The below is a demo dispute for LexDAO arbitration by "panel" represented by DAO voting shares (COOP). It is not legal or financial advice!

BACKGOUND 🧾

LexDAO COOP arbitration has been activated over the registered escrow in LexLocker.eth, #8 (DISPUTE LOCKER) 🔐.

COMPLAINT ✋

The parties to the DISPUTE LOCKER were engaged in a purchase of goods transaction for "Super Staker Hardware" (GOODS) 📦.

While GOODS were due to be delivered on 11/15/20 under the AGREEMENT (see below), provider admits that they were not in fact received by client until 11/19/20, creating a four (4) day delay.

The AGREEMENT provides in Section 1(a) that:

• "Time is of the essence for delivery under this AGREEMENT."

client therefore claims default of the AGREEMENT and damages in the amount of $25,000 for cover and other remedial expenses, alleging disruption of its business. client has not claimed that the quality of the goods is insufficient and has not returned any GOODS.

RESPONSE ✋

provider submits that while there was delay in delivering GOODS, this was not unreasonable under industry standards for the delivery of sensitive blockchain staking hardware, and therefore, provider has rendered "best efforts" and substantial performance and is not in default of AGREEMENT. Additionally, provider claims that Section 6(a) of AGREEMENT limits its liability for the kinds of damages alleged by client:

• "IN NO EVENT SHALL SUPPLIER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, LOST PROFITS, LOST REVENUES, OR PUNITIVE DAMAGES ARISING FROM, CONNECTED WITH, OR RELATING TO THIS AGREEMENT, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES."

In the alternative, provider further submits that because client has not documented its damages related to the alleged default and related expenses, that it should only be required to pay $10,000 to cover administrative and 'reasonably expected disruption' from AGREEMENT default, if so found.

AGREEMENT 📜

A copy of the "Contract for Sale of Goods" between the parties is stored here (AGREEMENT):

• https://gateway.pinata.cloud/ipfs/QmQMTD5JJGaHmqwGHErNtwgL24SVU4FhfTpU2X4FhwrQvT

PROCEDURE 📐

The panel represented by participating COOP members shall vote by gas-less "snapshot" below and select among reasoning options to apply to DISPUTE LOCKER as a binding resolution ⚡. In the event that a COOP majority selects "other", another snapshot vote will be created to reflect such additional option(s) for consideration.

Following the ratification of such resolution hereby, a member of LexDAO shall submit conforming resolution data as an actionProposal to COOP DAO on Ethereum (ACTION). COOP members will then confirm that such ACTION represents COOP consensus and shall have the opportunity to vote to confirm or deny the release of funds in DISPUTE LOCKER.