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Jim’s replies would at least provide John evidence that Jim had breached the contract and that he had received the specified down payment from him. Next (if possible) is to try to see Jim discuss the problems in greater detail. If succeeded, John, while visiting, must keep a voice recorder in his pocket. He must discuss or argue in a way that Jim readmits breaching the contract and receiving the down payment from him. Once the entire discussion is recorded, John should then again send a letter instructing Jim to start the work as mutually agreed. The letter must be sent by Courier with an instruction to take the addressee’s acknowledgement with date & stamp (if possible) to have another piece of evidence. In case Jim gives no heed to this letter and continues lingering on, John, in consultation with a lawyer, should approach the civil jurisdiction and produce the proofs or evidence that he has.
As Goodwin, D. (2010) stated, “In the modern business world, most relationships are governed by written contracts as the old fashioned "relationship by course of conduct" is slowly being phased out as people become more sophisticated in their dealings and the invention of modern technology such as e-mails make it easier to record things in writing".
Since the “Cause of Action” is Virginia, John can preferably file a suit in Virginian’s civil jurisdiction mentioning Jim’s both living and work address. In case the “Execution Place” was Maryland and Jim had issued John a receipt of a down payment having a Maryland address then alternatively the case may be filed in Maryland.
Last but not least John must keep in mind that it is evidence only that can work and bring favourable verdicts, hence he must obtain and produce all possible facts & figures before the lawyer or court.
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