Dean the term " Napoleonic Code" means that the laws in Louisiana are derived from the French system that Napoleon codified not English common law like the other 49 states. It is still a civil law state but there is differences in how the court system works. Prior court rulings mean less under the Napoleonic Code. The judge actually is supposed to look at "intent" not other court cases.
Look at any disclaimer that list what states it is in force in and 99% of them will spell out that it is different in Louisiana.
Not trying to start any arguments just let others know that the court system in Louisiana works differently than the rest of the US state courts.
Long and short of his problem is that a customer sued him and he lost the first round. HE may or may not get that decision changed.
I have sold a lot of equipment over the years. I always try to settle the customer's issues peaceably but if that does not work then I have always got legal help. We expect a person to go to a mechanic if they do not know the exact workings of a vehicle or equipment. So if your going to be involved in a legal issue you need a legal expert. I don't like that but it is just the way the system works. So you can try to buck the system. You will usually not get good results.
Think about the "judgment" in this case. The judge is supposed to try to look at intent under the Napoleonic code. It would appear HE thinks your "intent" was different than you think it was. So you need to get legal help to help you convince the judge that your "intent" was not actionable.
This post was edited by JD Seller at 11:51:29 08/31/14.
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Today's Featured Article - Listening to Your Tractor - by Curtis Von Fange. Years ago there was a TV show about a talking car. Unless you are from another planet, physically or otherwise, I don’t think our internal combustion buddies will talk and tell us their problems. But, on the other hand, there is a secret language that our mechanical companions readily do speak. It is an interesting form of communication that involves all the senses of the listener. In this series we are going to investigate and learn the basic rudimentary skills of understanding this lingo.
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