Contract litigation was commenced by a former customer of our client who had alleged that machinery sold to him was faulty. Our lawyers won the day in court.
Contract litigation was commenced by a former customer who had alleged that machinery sold to him was faulty. Another problem was that the client opponent had managed to obtain default judgment against our client.
Allegations in Contract Litigation
There were several allegations that were brought against our client. One major allegation despite an apparent advert by our client was that the machinery was intended to be purchased ‘as new’ as opposed to recently out of the manufacturer’s 12 months warranty. Of course, the terms of the contract were that the supplier would provide plant machinery which was just out of the manufacturer’s warranty period.
The contract disputes arose when the customer alleged that the supplier was under contract to maintain and repair items within the warranty. The supplier in turn was represented by our lawyers who successfully argued that there was no breach of contract by the supplier. The customer in the circumstances had misused and damaged the machine and and sought to blame the supplier. Of course our client’s position was completely ignored by the opponent. There were several attempts by us to seek to mediate, to seek to settle the matter. Most of the attempts were sadly, simply ignored.
Ultimately, our lawyers successfully argued and defended in contract litigation as the contractual documents were read and of course, interpreted by the judge, in accordance with the defence put forward by our litigation lawyers. For advice on contract litigation and disputes contact our lawyers.