Incorrect questions Flashcards
A kitchen company is considering issuing proceedings against an oven manufacturer. The company claims that they entered a written contract with the manufacturer to pay £10,000 for 20 ovens to be used in its showrooms. The company paid the purchase price but the manufacturer failed to deliver the ovens. The company seeks repayment of the purchase price, and compensation for the loss of profits it experienced when its showrooms could not open. The company estimates its loss of profits to be £30,000.
Would a claim of this nature be treated as unspecified?
I said: Yes, because the court will need to investigate to determine the amount payable for the purchase price repayment and loss of profits.
Correct answer: Yes, because the claim is a mixture of specified and unspecified amounts so the entire claim will be treated as unspecified.
A woman is considering taking legal action against one of her neighbours. The neighbour has begun to use their garage as a brewery and their activities are generating harmful odours. The woman visits a solicitor for advice on how to stop the neighbour’s activities. The solicitor advises her that mediation would be the best first step before involving the court.
Is the solicitor’s advice correct?
I said: Yes, because litigation is considered the last resort.
Correct answer: No, because the woman requires an injunction.
A client runs a publishing business best known for releasing high-profile and celebrity autobiographies. However, the most recent high-profile release received numerous complaints due to the quality of the printing which included missing pages and discoloured photographs. The client is furious with the printers and is very embarrassed. They advise that they will not be using their services again. The client is keen to preserve their excellent reputation within the industry.
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Which of the following statements describes the client’s best option for resolving the matter and why?
I said: Mediation, because it takes place in private.
Correct answer: Litigation, because if successful it will provide public vindication.
