Computers, so the client had to have it rewritten.

Read through the contract.

21 1,3,4,5,7

C 2b 3c 4b

E 2 c 3 a 4 d 5 b

The memo provides a written record of the meeting.

This avoids any confusion or misunderstandings later

On and gives the client the opportunity to query any of

The points mentioned.

2 Factual mistakes: Client gave a 10% discount.

Additional information: The lawyer does not know

Whether the contract with Glaptech waives consequential

Damages or not. She still has to look at the contract.

3 At this stae:e in the matter. it would be helpful if vou

could e:ive me anv documents or information which

Relate to the dispute.

Naturallv we will require a copv of the contract

Concluded with Glaptech.

In addition. it would be extreme Iv useful if vou could

provide documents indicatine: the nature and extent of

Your previous business relationship with the ferry

company, as well as anvthine: that would bear witness to

The poor quality of the faulty software program provided

By Glaptech.

The courts in our iurisdiction tend to strictlv construe

contracts between commercial parties and are e:enerallv

hesitant to award consequential damae:es unless the

Plaintiff can clearlv demonstrate that the loss was

Foreseeable to the defendant. The court will look at the

Course of dealings between you and Glaptech, as well as

Any documentation you can produce which indicates that

Glaptech could have reasonably foreseen the loss.

A 2 b 6 c 3 d 7 e 1 f 5 g 4

Use the email on page 87 as a model.

I will outline the law in this jurisdiction as it applies to the

Facts in the instant case.

Suggested answers

The issue in the instant case is whether a seller may

Sue a buyer for anticipatory breach of contract when

The buyer tells the seller that he will not accept the

Goods, even though the seller was not yet obligated

Under the contract to deliver the goods.

2 The non-breaching party in this case has two options:

Firstly, he may trust what the buyer has said and

Conclude that, legally, he no longer has to do the things

He promised to do under the contract. Secondly, he

Could continue to act as if the contract was still in force,

As long as this does not cause any harm to the buyer.

Under the reliance principle, if one party to a contract

Tells the other party to the contract that it will not

Abide by what they agreed to in the contract, then this

Other party (non-breaching party) can legally rely on

This verbal notice of intent to breach and take action

Accordingly. This principle relates to the case at hand

Because the seller has attempted to make deliveries

Under a long-term contract with the buyer, but the buyer

Refused to accept the goods on the first delivery date.

Since the contract was for deliveries over a number of

Years, the reliance principle can apply if the buyer has

Informed the seller that it will continue to refuse the

Goods for the remaining term of the contract.

The courts here have reasoned that...

Admittedly, there is a precedent stating that ...

In a leading case on this point, Judge Hand stated that...

This seems to be the majority position in this jurisdiction.

Language Focus

Date: 2015-12-11; view: 1316