DR

Question 1

Contract:
In a contract between two parties to carry out work, what is an implied term about the workman’s quality (care & skill)?

Answer 1

That the supply company will be performing the service with reasonable care and skill.

Question 2

If a supply company doesn’t hold up to their end of the contract i.e. the supplied software isnt working properly, can the purchaser withhold payment?

Answer 2

Yes, they are entitled to withhold payment because the work hasnt been carried out with reasonable care and skill. They can withhold payment until it resolves.

Question 3

Contract: What’s difference between express and implied terms in a contract?

Answer 3

Implied: by statute.
Express: expressly agreed between the parties.

Question 4

If there is a disagreement between a supply company and a purchaser, what alternatives can be done other than court?

Answer 4

• Check contract for ADR/mediation mentions
• Write to the opponent’s solicitors
• Organize meeting between parties, who might be more open to it from formal solicitors letter
• The other side wont be able to commence legal proceedings immediately anw as they have to follow the pre-action protocol, which means taking steps to resolve the dispute out of court. If they don’t, the court will issue costs against them.
• The pre-action requires them to set out the basis of their claim for payment in a letter of claim to which we could respond with our points.
• Let’s not wait for the letter of claim tho lets tell them our points now as if they issue letter of claim first could make it seem they have a genuine case against us, and have a stronger position.

Question 5

What is the overriding objective of the court?

Answer 5

For the court to deal with cases justly and at proportionate cost

Question 6

What is a reply?

Answer 6

It’s a Statement of Case that is optional and only used if something is mentioned in the defense that requires a response.

Question 7

What is a Part 20 Claim?

Answer 7

D can claim that a third party contributed to the damages suffered by C. Or, D can claim that C caused them a loss in the same circumstances.

Question 8

Small claims track:

Answer 8

Up to 10k or 5k personal injury.

Question 9

Fast track:

Answer 9

10k-25k or personal injury/road accidents 5k+.

Question 10

Multi-track:

Answer 10

25k+

Question 11

What’s an unless order?

Answer 11

They’ll get a specific punishment ‘‘unless’’ they do something.

Question 12

What is direct vs circumstantial evidence?

Answer 12

Direct = oral evidence from witness.
Circumstantial = not tangible but can lead to a conclusion.

Question 13

What happens if the losing party doesn’t pay the judgment in High Court?

Answer 13

Interest accrues at a rate of 8% per annum from the date of judgment until it’s paid.

Question 14

What is a writ of control?

Answer 14

Order issued by the Court to an enforcement agent to allow them to take control of the judgment debtor’s property to sell it to satisfy the judgment.