Advocacy Flashcards
Who do you represent?
The Defendant, Drusilla Limited
What does Drusilla do, what is Drusilla’s background?
Drusilla is a printing company, specialising in complex patterns onto fabric.
It has an excellent reputation in the fashion industry, supplying many of the lead designers and large department stores nationwide.
It is renowned for its exquisite patterns and is able to achieve this through its unique dying process which is patent protected.
Who is the managing director of Drusilla?
David Cattermole who set up the company in 1986.
When was the supply negotiated with creative limited? and who was it negotiated with?
The contract was negotiated in January 2017 with Tina Ingles, Head of Sales.
What does creative do?
It’s a company specialising in sourcing and supplying of fabric to companies.
What were the terms of the contract with Creative?
Creative would supply Drusilla with 200 reams of high quality silk fabric by 28 Febrruary 2017 in return for 150 000 plus VAT.
Describe David and Tina’s relationship?
They’ve worked together on numerous previous occasions and a good working relationship existed between the two companies.
Why did Drusilla need this silk?
Drusilla needed the silk to fullfill a lucrative contract with a department store called Pritty Kitty. It was to supply silk scarves for their 12 nationwide stores to be delivered 29 March with the scarves launching, April 12 2017. This contract was worth 180 000 plus VAT.
When did Creative send Drusilla the invoice for the payment? and when was the invoice due?
On the same day it was delivered, February 28th. There was 28 days to pay.
What was wrong with the silk? When was it discovered and what did the Defendant do about it?
Upon delivery, Craig McLean, Drusilla’s Production Manager, discovered that a large portion of the silk reams were faulty with loose threads and uneven color rendering the silk unusable for the contract with Pritty Kitty.
David Cattermole immediately telephoned Tina Ingles and informed her that the silk was unusable and needed to be replaced.
What happened on March 2?
On March 2, Tina Ingles sent a colleague to come and inspect the silk and the representative said that the silk conformed with the requirements of the contract and would not be replaced.
What happened on March 8th?
On March 8, David Cattermole telephoned Tina Ingles and explained that the silk was unusable and explained that the silk had to be of exceptional quality because of their contract with Pritty Kitty. David Cattermole also expressed that he hoped their relationship would not be affected by this, indicating that he was willing to try and work something out with Tina.
When did David Cattermole go to the US?
March 13 2017.
When was the first notice by Bookworms Solicitor sent to Drusilla?
March 20 2017.
When was the claim form issued with the particulars of claim?
April 11 2017.
