Example of the Statement of Claim - Assignment Example

Statement of claim An arbitrator is a person that is chosen by parties involved in a case to solve the issue that may be pending. The use of arbitration is an alternative to the normal court processes and it is better than the use of the court system in some instances. Courts usually have strict measures that may be a burden to a party that will lose in the process. Therefore, if there exist a dispute, the parties that are involved may opt to choose a neutral party that may be used as an arbitrator. The arbitrator proposes a way in which a case may be resolved. The plaintiff and seller entered into an agreement for purchasing a villa that was to be completed within a specified date. The two signed an agreement that was meant to be followed to the later. The plaintiff performed all covenants, conditions, and promises that had been made. The plaintiff relied on the information in the sales agreement before entering the deal. However, the defendant did not state that he was facing some problems as a result of the emerging financial crisis. As a result of the breach, the plaintiff has been affected financial as a result of the prior commitments that had been made. Concise statement of facts The facts that vary in the case include, a villa that is luxurious was bought on the 3rd of November from the respondent. After that, the claimant responded with a letter on the 7th of January stating that the project of the house was put on hold as a result of a financial crisis that prevailed in the year 2008. The respondent requested that the claimant should stop making any further payments as had been the initial agreement in the making of the deal. After that, the claimant wrote a letter to the respondent asking for a refund of the payments made. However, the respondent did not reply to the letter. The letter had also requested for a termination of the agreement immediately. Later on, in the month of June 2009, the claimant wrote another letter to the respondent requesting for termination of the contract, however, the letter was also not replied to. In the month of august, the claimant requested for a refund of his funds plus an extra interest amount as a result of the failure to comply with the agreement and failing to reply to the letters from the claimant. Points at issue At the signing of the agreement, there were some agreements that were made between the claimant and the respondent. It stated that the date of completion would be stated by the seller. The completion date was approximated to be the month of July the year 2009; however, the date of completion could be extended by a year by the respondent. The seller was also supposed to give the buyer a one month’s notice before the date of completion so that the buyer could get ready to get the new villa. There was also an agreement that would ensure that if the completion date was not within the stipulated time period, the buyer may remedy such a deal and ensure that he gets a refund of all the money within 60 days. The money if returned within 60 days could not be entitled to an interest rate. The return of the payments would constitute the surrender of all the rights. The agreement stated that incase of any disputes, they should be resolved by the use of arbitration. Claimant’s arguments The claimant may argue that there was a breach of contract. A breach of contract is a situation whereby a contract is not executed because of failure on the side of one party that forms the contract. However, if there is a mutual agreement, that does not constitute a breach of contract. In the pending case, the seller claimed that he would not be able to comply with the set agreement as a result of a financial crisis. A case of a financial crisis should not be a reason to cancel a contract. In the making of the contract price, the seller should incorporate costs that may be altered by inflation and any other financial factors. Therefore, the issue of the financial crisis should not act a reason for cancelling the deal. The other argument that may be raised by the claimant is the fact that the claimant wrote a letter to the responded claiming a termination of the contract and a refund of all the funds that had been paid. That was the rational thing that the claimant would have done. This is because the seller had terminated the contract impliedly when he suggested that the payment should be stopped. That was the first step towards the termination of the contract. Therefore, the buyer had a right to claim for a refund of his money. The respondent also had a right to later on ask for a refund plus interest. In the agreement that was signed, the buyer and seller had agreed that if the contract was canceled and there was refund within 60 days, the buyer was entitled to a refund of his money plus an interest amount. Therefore, the claimant had all the reasons to ask for a refund plus any interest that would have accumulated. The failure of the seller not to respond to the letters from the buyer may be considered as an act of ignorance. In law, ignorance has no defense and hence that would lead to a charge on the seller. The claimant had all the rights and facts that would allow him to claim for the refund plus the extra amount that was payable as interest. Remedy The remedy that exists for the case is the payment of the amount paid plus an interest amount. The buyer was entitled to the refund of his money because that was his right. The buyer is also entitled to an interest amount. That is his right according to the contract signed that allowed him to demand for an interest amount after the failure of the seller failing to refund money 60 days after the termination of the contract. The buyer is also entitled to the payment of damages. The damages are as a result of the breach of contract. However, the buyer has to prove that the breach of contract caused financial harm on his side. That can be illustrated by the buyer proving that he was put under a financial strain in the time period that he was contributing the money to the payment of the villa. He can also prove that he was not able to do other better things with the money as a result of the payment of the villa. The buyer can also claim that he sourced the funds from a financial institution and the amounts were payable plus an additional interest amount. The other remedy that exists is the seller offering to complete the villa before the last stated date of July in the year 2012. That would be the remedy that both parties would benefit and both would gain whatever they required I the signing of the contract. The other remedy that exists is the forwarding of the case to the court. The court would then take over the case and make a ruling on the issue. Work cited Dorothy E. Rights and Responsibilities of Participants in Networked Communities. Prentice hall. 1994. Print Read More