A Lawyer named Protagoras teaches law for a hefty fee. He advertises his skills as a teacher by offering his students a contract, which states that they do not have to pay him until they have won their first case. If the student loses their first case, then they don't have to pay Protagoras at all.

One student of Protagoras sees a loophole, takes the course and fininshes it. After that, the student avoids arguing any cases. Since the student has not yet won his first case, he avoids paying Protagoras.

Protagoras feels cheated, and sues the student for his fee. When the case comes to trial, the student represents himself. If the student loses the case, then by the terms of their original agreement, there is no fee for the course. If the student wins the case however, then, since its the student's first case, there will be a fee. (But, of course, winning the case means that the student doesn't have to pay the fee, while losing it means that the fee must be paid.)

Will the student be obliged to pay Protagoras' fee or not?

His name in the story is Korax and his student Tisias (i as in ink). The story says how they both represented themselves and says that the judges (as there wasn't a specific law for that thing in Athens) just threw them away :0. Any solution to this would have to be based in modern law and according to each countries law and interpretation of it.
If for instance the deal is seen as binding (sort of a contract) in ALL cases then the student won't have to pay as I see it (no lawyer thouth myself so it depends).
If they decide that it was abvious that it doesn't stand for such a case (e.g.a trial conserning the deal itself ) or that there was (hmmmm I'm not sure about the English term) malice from the student while entering in the deal (that is that he didn't plan on paying) then he will have to pay.
I guess there are more possible scenarios.

If you want I can also write what the two people are "reported" to have said in the court (it wasn't of course a real case as Korax was smart enough NOT to take a student to the court in such a case. He was one of the most known philosophers (sofistes) in classical Greece).

Posted by irene on 2002-11-02 13:40:11