Free «Commercial Law. Practical Tasks» Essay
The Defendant has a trading account with the Claimant, and it is true that it ordered four moulding machines from the Claimant on 13th January 2009 at a price of £60,000 plus VAT. Although the machines were delivered, they have been the subject of repeated breakdowns and have suffered a number of faults. The main problem with two of the machines is that despite a number of site attendances by the Claimant’s engineers they have proved incapable of producing mouldings to industry standards. I have been advised by Mr. Edward Knight, a consulting engineer of 36 Harrogate Road, Leeds LS3 8DQ, that these two machines are so badly designed that it will be impossible to put them right.
Buy Commercial Law. Practical Tasks essay paper online
* Final order price might be slightly different depending on the current exchange rate of chosen payment system.
As a result of the problems with all four machines the Defendant has suffered a substantial loss of business. In particular, ithas lost a contract with United Plastic Containers Plc, under which the Defendant was producing goods valued at between £10,000 and £20,000 per month. I refer to a bundle marked PS1 containing true copies of the Defendant’s contractual documentation with United Plastic Containers Plc, monthly invoices, and recent correspondence in which the termination of the contract is explained. I have been advised by the Defendant’s solicitor and believe that it has a substantial counterclaim with a value significantly above the value of the claim.
Want an expert write a paper for you?
As soon as I received the court papers in this action, I raised the matter with Mrs Sara Johnson, the finance director of the Claimant. I refer to a bundle of correspondence marked PS2. A true copy of my letter to Elaine Stepney is at page 1 of the bundle. Her reply, at page 2, says she will look into the matter. NNevertheless, judgment was entered on 29th April 2009.
For the reasons set out above, I ask that this judgment be set aside on the merits. I refer to a draft defence and counterclaim marked PS 3, which the Defendant intends to file if judgment is set aside, and I confirm the truth of the contents of the draft defence and counterclaim.
If judgment is set aside and the case allowed continuing, I respectfully ask that the action be transferred to the Leeds County Court, the local court of the Defendant.
I believe that the facts stated in this witness statement are true.
Hurry up! Limited time offer
Use discount code
Most popular orders