Burd v. Antilles Yachting Services, Inc.
2012 V.I. Supreme LEXIS 64
Supreme Court of The Virgin Is...2012Background
- Burd terminated from Island Marine in June 2006; Termination Agreement alleged improper accounting causing $64,126.69 loss.
- A Promissory Note for $64,126.69 with 8% interest required eleven monthly payments of $250 and a lump sum due June 28, 2007.
- As security, Burd pledged a 37-foot vessel (Tayana formerly Islay) as collateral for the Note.
- Burd made ten $250 payments; he stopped before the final lump sum and before completing all payments.
- Island Marine filed suit August 6, 2007 seeking debt repayment and foreclosure of the vessel.
- The Superior Court granted summary judgment on December 13, 2010; Burd appealed challenging duress and ratification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether duress renders the contracts voidable and if ratification extinguishes that defense | Burd was under duress; agreements voidable, not void—no ratification proven. | Burd accepted benefits and paid; ratified agreements, defeating duress defense. | Summary judgment improper; no clear ratification established. |
| Whether Burd ratified the voidable contracts by making payments after signing | Payments amounted to ratification of the contracts. | Circumstances of duress persisted; ratification not proven due to ongoing duress. | Issue unresolved; record insufficient to conclude ratification. |
| Whether the collateral (the vessel) was properly foreclosed given joint ownership with Burd's wife | Burd alone owned the vessel; foreclosure proper. | Burd and wife hold property jointly; ownership issue must be addressed. | Waived on appeal; not raised in trial court; not addressed. |
Key Cases Cited
- Williams v. United Corp., 50 V.I. 191 (V.I. 2008) (standard of review for appellate review of summary judgment)
- Kirleis v. Dickie, McCamey & Chilcote, P.C., 560 F.3d 156 (3d Cir. 2009) (self-serving affidavits and specific fact details; ratification analysis)
- Abbadessa v. Moore Bus. Forms, Inc., 987 F.2d 18 (1st Cir. 1993) (timing and facts relevant to duress and ratification in summary judgment)
- Banks v. Int'l Rental & Leasing Corp., 55 V.I. 967 (V.I. 2011) (Restatement and local law as rules of decision)
- Henry v. Dennery, 55 V.I. 986 (V.I. 2011) (unsworn representations of attorney are not evidence)