Dispute Resolution Flashcards
A claimant has been successful in a breach of contract claim and the court has awarded the damages claimed. The trial judge is now considering the question of costs.
During the proceedings, the claimant refused the defendant’s proposals to engage in mediation. The defendant argues that as a result the court should impose a costs sanction on the claimant.
The defendant will have the burden of showing that the claimant’s refusal to participate in mediation was unreasonable.
A claimant manufactures men’s shirts. On 6 February 2020, the claimant entered into a contract with a defendant for the purchase of 50 rolls of material. The material was delivered to the claimant by the defendant on 8 April 2020. When these rolls were inspected by the claimant on 19 April 2020, nearly all of them were found to be faulty.
8 April 2026.
- 6 years (breach of contract)
- date of delivery
A company client seeks advice in relation to a contract for the sale of curtains to a wedding venue. The customer strongly disputes payment on the basis that the curtains supplied did not match the fabric of the sample provided. The client instructs their solicitor to issue proceedings against the customer.
Unless the limitation period is about to expire, the client should write to the customer with concise details of the claim and disclose key documents.
A prospective claimant seeks to bring a claim against a prospective defendant for a breach of contract, seven years after the breach allegedly occurred. The prospective claimant only discovered the breach occurred five years ago. The parties have not agreed any contractual limitation period for bringing a claim. The claimant seeks advice from a solicitor regarding the prospective claim, including the issue of whether the claim may be statute barred.
The claim would be statute barred, and the effect of this would be that the prospective defendant would have a technical defence to the claim.
A company manufactures chocolate bars. Last year, the company entered into a contract with the defendant for the purchase of 10,000kg of cacao beans. When the cacao beans were delivered to the company, they were found to be mouldy.
Breach of contract.
