It's the Law: Christmastime advice for Charlie Brown - Post Register

At this Christmastime, we sympathize with your concerns regarding the commercialization of Christmas, and we wanted to provide some advice about potential remedies you may have against one Lucille van Pelt for her recent actions.

You went to Lucy to obtain psychiatric help as she had advertised. In fact, she required you to pay 5 cents to receive her professional advice in advance of explaining your problems. While we question whether Lucy is licensed in anything related to psychiatry, there are some even more fundamental issues stemming from the fact that Lucy never actually provided you with any psychiatric help or advice. This sort of false advertising is an unfair or unlawful trade practice that is almost universally actionable. In addition, by paying Lucy, you have performed under your agreement with her, while she has not provided the agreed-upon services. Thus, you may also have claims against Lucy under breach of contract, implied contract or quasi-contractual theories.

Rather than providing you with any psychiatric help, Lucy instead appears to have engaged you to direct your local Christmas play. We are forced to ask: What authority did Lucy have to have you take over this directorship? Almost certainly, another person (like a teacher) or a group is in charge of the Christmas play and would have to make that decision.

While you were at the Christmas play, it seems that Lucy continued to belittle you in front of the other actors. While this verbal defamation is technically slander, your case in that regard may be difficult. As in most defamation cases, it is hard to show a specific dollar amount for how much you were damaged by Lucy’s slander. While the opinion was incited by Lucy, many of the other actors expressed similar views of how your mistakes affected them all. Since you remained the Christmas play’s director and received no pay in any event, it will be difficult for you to show how you were damaged.

Finally, we saw how Lucy was placed holding a football for you to kick, only to pull it away at the last second and send you flying. Lucy’s actions either negligently, or probably intentionally, harmed you in a way that was reasonably foreseeable — particularly given Lucy’s past history doing this to you. You would likely have a strong claim against Lucy for any damages you suffered.

If you choose to pursue legal action against Lucy van Pelt, we feel that you have several claims against her that would likely be successful. In any event, we hope your new understanding of what Christmas is all about and close friends like Linus help you through whatever difficulties you face (or inflict upon yourself).

source: https://www.postregister.com/news/local/its-the-law-christmastime-advice-for-charlie-brown/article_e46be577-ddf7-53c6-91a9-caa1b26afac8.html

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