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#coal to diamonds
katierosefun · 1 year
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I’m curious now, what are restitution and boilerplate?
OH BOY WOULDN'T YOU LIKE TO KNOW
although u know, for real, this is probably a wonderful time to review for contracts, so i'm so glad that you asked!
basically, at least in the context of contract law, restitution is just another form of damages (aka money!) that one can get if there's been a breach in contract (aka when someone breaks the contract/does a thing that was against the terms of the contract). restitution is kinda funny though, or at least, i think it's a little bit funny, bc it's equity-based, which is code for "the court is gonna try to do a justice-oriented thing, because they think that it would be simply unfair for the plaintiff (aka the one who brings up the lawsuit, aka usually the person who's been wronged/feels they've been wronged) to not be awarded some form of monetary damages given the situation."
so now, back to what restitution really gets at: basically, the courts will decide on whether, despite the fact that there might not be an actual written contract, a plaintiff is still owed damages when:
the defendant got some sort of benefit conferred by the plaintiff
the plaintiff had a reasonable expectation of compensation (ie. the plaintiff did a thing for the defendant thinking that they'd be paid somehow, and this wasn't just a "i'm doing this out of the goodness of my heart" sort of situation),
the defendant had actually asked the plaintiff to do the thing (so the plaintiff hadn't just, like, idk . .. gone in to fix your house out of the blue and gone "give me money!"), and
unjust enrichment results (ie. the defendant benefits at the expense of the plaintiff)
when you hit those elements, the court will be like "okay, defendant, you need to 'make the plaintiff whole'", which means that the defendant needs to give the amount of $$ to put the plaintiff in a position that they had been before the unjust enrichment happened.
off the top of my head, i think one of the clearer cases that demonstrates the whole restitution thingie is estate of cleveland v. gorden, where a family member expended an insane amount of money and went above and beyond to take care of a sick relative (i think), and while the court typically doesn't want to put a dollar amount on things like family obligations, they were like "okay, gorden, aka this family relative, moved across the country + paid all these expenditures to care for this sick relative because she was asked by this relative to do all this." this is a pretty sparks note version of the case + the opinion, but that's the main gist of it!
as for boilerplate . . . boilerplate is just the really dense legalese (aka the fancy law language) that's in consumer contracts/contracts of adhesion, which are those contracts that you see all the time--the contracts that are very "take it or leave it", meaning that you either accept the terms or just walk the other way. think of parking garage tickets, right? there's almost always a little printed thing that's like "we are not liable for anything that happens in this parking garage." or even, like, idk, carnival cruise tickets, where there might be a little thing that goes "hey btw if u are going to sue us, then you agree that we get to choose which court you're suing us in <3".
the tricky thing about boilerplate (and the reason why people usually make a face at it) is that there's really no negotiating/bargaining power between the two parties, which is usually a thing that we like to see in contracts. in the world of boilerplate, one party basically has zero bargaining power, but they'll agree to the terms of the contract anyways, just because . . . consumer and capitalist culture and etc. (like, come on. if you're gonna go on a cruise, you're probably not gonna care about which court you're gonna file a claim in, right? you want to go on the damn cruise.
also, the case i'm referring to is carnival cruise lines v. shute, in which a couple filed a suit against carnival cruise lines, and then carnival cruise lines was like "aha, you can't file a suit against us in this state, u need to file a suit against us in the state of our choosing, as it says right here in this contract". and then the couple was like "no one actually reads that, why tf should we follow that little clause in our cruise ticket? that thing shouldn't be enforceable in this contract (aka 'this thing shouldn't be valid and therefore we should be able to bring our lawsuit to a court of our choosing") and then the court was like "actually, lol no, that's not how it works: you could have just walked away from the cruise and not gotten on the cruise if you had a bone to pick on with that. 'tis still a contract, even if u had no bargaining power. u still had some bargaining power, which was to just reject the ticket and go on some other cruise or something or just not go on the cruise at all".
. . . or something along those lines.
hope this was somewhat legible! i am currently banging my head about contracts in general, and i am very self-conscious about the fact that i don't actually know what the hell i'm talking about half the time, but! that's . . . [gestures vaguely] most of it, i hope.
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thatthirdtriplet · 2 months
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Relationships:
Tim Drake & Dick Grayson Bruce Wayne & Damian Wayne
Characters:
Tim Drake Dick Grayson Bruce Wayne Damian Wayne Ra's al Ghul
Additional Tags:
Batkids Age Reversal Tim Drake is Red Hood Dick Grayson is Robin Damian Wayne is Nightwing Auctions Human Trafficking Kidnapping Kidnapped Dick Grayson rope burns angst child Neglect bad Person Ra's al Ghul Tim Drake Whump Slight Forced Feminization Threats of Rape/Non-Con but like just implied Bad Parent Bruce Wayne Hurt bitter Tim Drake Tim Drake Needs a Hug Tim Drake is So Done Batfamily Angst (DCU)
Summary:
Nobody… nobody had known he'd been kidnapped.
He started giggling, plopping down on one of the barstools. He'd nearly been sold to *Ra's al Ghul* to be a child-bride, and his parents had extended their trip. Bruce was laughing with Damian.
His laughter turned into sobs. He was Robin, one part of the dynamic duo. And yet, he'd saved himself and he was still alone.
That was the first time Tim ever doubted Batman. It wouldn't be the last.
--
Two kidnappings happen, years apart. Robin rescues himself from the first. The second time around, the bird gets help from one mean-green-killing-machine.
History can only repeat itself if you allow it too.
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dabiconcordia · 6 months
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A diamond or a coal?
A diamond, if you please: Who cares about a clumsy coal Beneath the autumn trees? A diamond or a coal? A coal, sir, if you please: One comes to care about the coal What time the waters freeze. Christina Georgina Rossetti
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aladaylessecondblog · 4 months
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that boy is a monster (good tav x gortash pt 11)
"Lord Bane--" Tav took a deep and shaky breath, "--firstly, there is no strength without weakness, no tyrant without the downtrodden he crushes."
"Platitudes for weak scholars," came the growl then, "And unworthy of my notice. If I hear no better argument than that your life will be forfeit."
Trembling, she cast about in her mind for something more. Bane, she thought, Bane, lord tyrannical oppression, terror, and hate. What best would please him? Maybe--it would be a gamble, but maybe--
Someone, help me...no. No, I am alone. I must help myself, because no one else will.
"With all respect, mighty Bane," Tav, remembering what she had learned of deference amongst the Banites, placed a kiss on the ankle of the jackboots and kept her head down. Her heart was practically beating out of her chest as she added, "You are wrong."
"You," Bane's voice grew somehow darker and even more dangerous, "Had better be able to justify that sentence, or I shall make a display of you that would make even a Bhaalist vomit."
"My lord," she said, in a deferential tone, "A tyrant without a victim is like a hammer without a nail. If there is nothing to crush, there is no value in the act of violence. If there is no softness there is no value in the hard."
The boot moved to the back of her head again. Tav trembled, and kept her head down.
"That does not answer my question. You, a woman of Ilmater, have bound yourself to my Chosen. Tell me how your acts of weak charity and nauseating compassion strengthen the commitment to his cause. Neither you nor he sought my blessing for this act, so tell me--why ought I to permit this travesty to continue?"
"I assist my lord husband in his tyranny," she said.
"You? You do nothing of the sort."
"My acts of charity hide his true nature, Lord Bane. With every compassionate act is added a...a new lie. That their lord is good and benevolent," Tav took a deep breath and steeled herself for a kick or worse. "I am not the doer of your will but the shadow in which your glory is plotted."
The boot moved back.
"Continue."
Still trembling, Tav obeyed, pausing only a moment before she spoke. "As the grass hides the predator before it strikes, so do I hide the tyrant before he moves. The blow unexpected is the most devastating."
"But you despise the tyrant, do you not? You cannot deny it, for I saw it when first you wed him."
"Perhaps it began that way, but...I have come to--to understand that I was wrong."
She pleaded in her mind for relief, for salvation. Not even after Cald's birth had she felt so alone, as now, when one false step would end her. And with nothing to defend her but her own wits. Where were the friends she had made, when most she needed them? Elsewhere. Casting narrowed, suspicious glances at her, suspecting her to be Gortash's pet and nothing more.
"You have fought to overthrow tyranny. You have worked against my will. Why now should I believe you?"
The boot moved to her neck and pressed down.
"I was ignorant, Lord Bane," Tav went on, "I was weak, and your Chosen showed me the better way. I..."
For a moment all words failed her.
"You what?" Bane prompted, his boot pressing down further.
Tav could still breathe, though only barely. Something in her was screaming in silent agony not to say the words that wanted to come out, the words that would seal her fate more thoroughly than any vow she made to Gortash.
"Some need to be beaten to see your wisdom, lord Bane, some need to see blood shed in your name, others--others, need nothing so extreme. Others crave the strength of order that only a tyrant can give...but fear to give in to the temptation."
"Temptation?" There was a laugh. "There is no temptation, only my might and those who seize it. My Chosen has done so, and in my name he expands his territory and rule, which by extension are mine. Nothing he has is not mine. Not..."
For a second, the press of his boot stole her breath.
"Not even you. What good are YOU to me?"
"No tyrant rules alone, my lord Bane," Tav said, struggling for breath when he finally removed his boot. "The leader of a great army has need of order in his house, that he may devote himself more fully to his cause. That I have given him. His image, his shadow, I maintain by my acts that seem for all the world as if they work against you. But in truth they bolster your Chosen. I yield to him in matters of greater weight, for he has shown me the wisdom of your way. That it can be sweet to yield to the firm hand, even more so than to strike it down."
Deep breath. She felt faint, but went on, grateful he hadn't yet struck her down.
"I have borne him his heir, giving him that which he needs to secure his rule. And though the love of my son runs counter to your design--there is nothing I would not do for my son's safety. Were a hundred devils before me, I would fight still for him to live and thrive. What is built by your hand is a weapon that my son will inherit, and thus, it is a weapon I must defend. My life is bound to your Chosen and your cause, though I could not see it before."
Silence. Her mouth was dry but she spoke the words that her heart had only whispered before.
"I have come to relish the gauntlet of your Chosen, the yoke of your burden. Tyranny is not always unwelcome--some of us fear to yield to the idea, but...but we crave to be controlled and find fulfillment under the strong hand of a master. Some, my lord, would yield to you willingly and thrive under such strength as you hold over them."
Tav was more and more unnerved by the silence that followed, and trembled horribly. This anxious terror was only amplified when she heard him next.
Laughter.
Bane was laughing at her. His voice cracked and blended, the sound mingling that of both himself and Gortash.
"At last you are honest with yourself. You are no Ilmatari, woman, you merely thought yourself so."
"Please, Lord Bane, help me to understand."
"You are Banite, you simply refused to admit it until now. Good. You have learned." The tip of the boot moved under Tav's chin and urged it upwards. "Back up. Back on your knees, slave."
She obeyed, and was surprised by what came next.
"Your master sees that you have done well."
She bristled slightly, though not in an unpleasant way. He was using a tone Gortash did now and then--when the nobles gave him trouble and he came back to her, knowing she would give him the control he wished. That she would give it without complaint, and revel in the praise he saw fit to dole out.
"Thank you, lord Bane," she said.
"Look at you," a hand came to her chin, tilting her head back, "You tremble with expectancy, and I see now the truth of your words. You are made to serve, to be the subordinate."
"Yes, my lord."
"Nothing," Bane's voice rumbled, "Brings you more fulfillment than obedience to a strong master, is that not so?"
She had been afraid, now--now--
I'm wet, why the bloody fuck am I wet?
"Tell me," his voice softened only slightly, "Whom do you serve?"
"You, Lord Bane. Only you."
Forgive me, she prayed, both to Silvanus and to Ilmater, Please forgive me.
"You give yourself to my Chosen, submit to his strength, belong to him in the sight of all Baldur's Gate," Bane's voice went on, even as the gauntleted hand twisted its fingers into her hair and tightened its grip there. A second later she was pulled flush against his thigh, with a bulge beneath the black trousers that she was intimately acquainted with just before her. "But to belong to a Banite is to belong to Bane. All that you give, all that you are, is mine."
"Yes, my lord," Tav assented, though her voice was still shaky, "I--am yours."
There was silence, broken only to her ears by the rapid beating of her heart.
He seemed to be waiting.
"How--would you have me serve?" she finally asked, after a longer still pause.
"How does one worship upon the altar of Bane...you ask this to my face?" his voice went on, "Has my Chosen taught you nothing?"
"Your Chosen has taught me to ask his wishes," Tav replied softly, "For they change often. I seek only to please you."
The temptation was there, present, stronger than ever, a yield to everything she had fought against since Gortash had first made his proposal.
Was Bane right? Had she simply been ignorant of what she really was?
She chanced a look up, at the green light of Bane's eyes, now dancing with mischievous satisfaction.
"I ask a question of my own."
"What is it, Lord Bane?"
She was pressed closer to the prominent erection in his host's trousers.
"Do you submit?"
"Yes."
"Then serve."
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ninebaalart · 2 months
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Cave Naclstack
i mean. come on, he practically looks like he belongs in minecraft already
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drunken-ender-art · 3 months
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[Alpha Eon: Age of Dark]
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In the beginning, the entity known as Coal was born as an attempt to fight a plant-like parasite that was decimating their creators, but he immediately turned against them as he had not yet a mind and he was death incarnate.
Only after his body of smoke had consumed both the parasite and their creators he gained consciousness and took a physical form. With that came loneliness... and then sadness. So he turned to the stars, with the technology salvaged by his creators, the knowledge he assimilated and his power to bend carbonium to his will and from two sun twins, following process of his own creation, he crushed their cores and in a feat that could never be replicated, fashioned two twins diamonds of immense brilliance and unparalled perfections: his daughters. Two beings of pure light, born from smoke and darkness.
The three set out into the vastness of space, for they considered themselves as deities: the creator of life and the bearers of light.
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In time, Lord Coal and the twins diamonds built a mighty army.
With his power and knowledge, the Lord burned away countless planets full of organic life and created new forms of gemkind.
Ambers were created as servants and living archives, because Lord Coal gave no value to organic life, but he had a great amount for knowledge, so when they met sentiet life, he would take prisoners the most wise and learned among them, their mind stripped from their bodies and accumulated into the Ambers' gem.
Opposition was always present, so he created new types of diamonds: imbued with his dark powers, and as such impure and tainted compared to his precious daughters, but powerful and unbeatable in the battlefield, with the mightiest of them under direct control of Lord Coal as his elite army; the rest split to the two diamonds. Their loyalty unshakeable, even when in the end they were forced to fight against their former sisters in arms, as eons passed, Lord Coal's thoughts sank deeper into darkness and the Diamonds' ambitions grew brighter.
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This is an old concept I developed through the years and that I finally feel confident enough to draw beyond some ugly scribbles and that I felt like sharing since I was always fascinated with Steven Universe's world building and the mistery around gems' creation. I am just happy to have been able to put it into reality outside my own imagination.
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mangostar · 2 years
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some squilfs 
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teex · 16 days
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Hard pressed to think of a team I loathe more than f*ucking V*egas :D
🤝🤝🤝 shaking ur hand vigorously buddy. my frustration w the whole thing is going to give me an ulcer!
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alltheoutcasts · 9 months
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Ah shit here we go again.
Plays family jewels on repeat
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anyways Annie represents everything unknown beyond the ocean, and thus her act of mercy toward Armin represents the ocean/unknown/humanity acting with mercy toward Armin and that’s why he goes to her, seashell in hand, to comprehend aloud why his dreams of the great blue yonder have not only fallen apart but turned against him. and I’ll take a large fries with ketchup
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katierosefun · 2 years
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✨🌈☀️send this to the ten people you’re happy to see every time they pop up on your dash/notif and wish them a good day🌟🌈💥
(no need to spread this if you’d rather not, but you should know that you’re appreciated!!)
aaah thank you so much coalmine :'))
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thearchertheprey · 10 months
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HEY KIDS SPELLING IS FUN
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marlynnofmany · 2 years
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Here’s a cool thing I’ve learned from my friend the science teacher: you know how diamonds are made from coal, with a lot of heat, pressure, and time? Apparently they start degrading back into coal once they’re removed from that heat/pressure. Just really slowly.
Can you imagine some unfathomably long-lived immortal revisiting their jewelry collection, only to find coal where the diamonds should be?
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blocksofmabel · 6 months
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🌟 Mining through the pixelated depths of Minecraft never fails to unveil the treasure trove of ores waiting to be discovered! 💎✨ Here's to the unsung heroes of our blocky adventures—Minecraft ores! 🪨🔍
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🔷 Diamonds: Oh, the rush of finding these elusive gems! Diamonds are the crown jewel of our mining endeavors, the key to powerful tools, enchantments, and the envy of every crafter.
🟨 Gold: While not the sturdiest, gold ore shines with its own charm. From gleaming armor to powered rails, gold has a knack for adding that touch of elegance to our creations.
⛏️ Iron: The reliable workhorse of our Minecraft world. Iron ores are the backbone, crafting sturdy tools, durable armor, and the trusty buckets that keep our adventures afloat.
🔴 Redstone: The powerhouse behind all things technical! Redstone ores spark our creativity, paving the way for contraptions, circuitry, and automated wonders that make our worlds truly dynamic.
⛏️ Coal: Let's not forget the unsung hero, coal. Essential for fueling furnaces, torches, and keeping our mines lit—quite literally the light in the darkness.
🔵 Lapis Lazuli: Beyond its stunning hue, Lapis Lazuli brings enchantment to our tools and offers a touch of artistic flair to our constructions.
Whether you're spelunking in deep caves or carving through mountains, the thrill of stumbling upon these ores is second to none! Each ore has its own story, adding depth and richness to the gameplay experience.
So here's to the beauty of Minecraft ores—sparkling, essential, and the cornerstone of our adventures. What's your favorite ore to discover in the vast, blocky world of Minecraft? ✨⛏️🌈
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wolfspaw · 2 months
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foxfirestarlight · 5 months
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GOD it kills me how much pokemon just has had every ounce of fun drained out of it for us by it being such an unpolished rock. Could be a diamond if it just was given fucking time to be polished beyond "it's playable" And knowing it means so much to so many people, especially our friends, makes me feel like such a dick for
Having A Negative Opinion Different From Everyone Else
Oh no.
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