sgs 1 civil
- Created by: Hazk
- Created on: 06-08-24 17:02
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- sgs 1 civil
- case analysis - contract
- Terms? Express and/or implied
- Breach of express terms?
- Is there a contract? (Offer, acceptance, consideration, intention to create legal relations, certainty of terms) Oral or written contract?
- Breach of implied terms? Supply of Goods and Services Act 1982, s.13 “carry out the service with reasonable skill and care”
- Causation?
- Loss? Here pure economic loss- not an issue in contract
- Remoteness Can the loss be quantified?
- To start a case anaylisis must first establish if
- four types of evidence needed
- Documents
- Need to look at strand & co file. there are ways and means to get copies of the file…need to see documents from the other sid
- Look at the declaration of disability forms that the company may have. relevance of this each customer must sign of declaration of disability.
- some of the forms missing need to see if customers were actually paying VAT or if they would of been expect this is important!!
- witness evidence
- Victoria bestwood was a witness evidence -
- speak to andrew south himself
- possible ethical concequences from andrew south have to tread carefully
- upholding public trust and confidence, honesty integrity. We cannot mislead Mr. south if we ever spoke to him in particular, looking at paragraph 1.2 of the code of conduct.. – can’t take advantage of others.. 2.2 – you must not seek to influence the substance of evidence
- need to look at the other employees who potentailly wa s present too
- expert evidence
- may need expert evidence we may need expert evidence to look at the implied term of acting with reasonable skills and competence. We would need to look at
- having another expert, an independent expert to look at the facts and say whether they thought that a reasonably skilled accountant would have advised that the Vat chargeable on kitchens for disabled people or not.
- real evidence
- not an issue here because we’re talking about discussions, but real evidence might be if the claim was over for itself so there is no more real evidence then that
- Documents
- case analysis - contract
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