Contractual Damages

Informing your client of the likely basis for any claim for contractual damages that will be made against them will help prevent misunderstandings. If you limit your analysis to claims based on a contract and only take those claims into consideration, you might presume that the parties’ contract does not contain any provision for liquidated damages.
You can follow the case that was presented in the PowerPoint slides from weeks three and four and add to your analysis or evaluation of the case by doing so.

Each paragraph follows these guidelines: 1. A summary of the paragraph’s subject, which will act as its subheading. Rules that clearly state the circumstances are 2. 3. Detailed 4. After analysis, review In conclusion, 5.

LL.M. in commercial law evaluation
Candidates must submit their final draft of their Memorandum of Advice for the Module in Commercial Law to the Student Advisers (2nd Floor RLS) by 4 p.m. on Monday, November 23, 2015.
The Memorandum of Advice is worth 30% of the attainable marks for the Commercial Law Module.
The maximum word count of the Memorandum of Advice, including any attachments, is 3,000 words.
A bibliography is not required because the Memorandum should be published and should be written simply (with numbered paragraphs). You can obtain writing advice for memoranda on the VLE under the “LLM Programme Information and Dissertations” page.
Please note that no extension or deferral of this assessment can be authorized unless it strictly complies with the General Academic Regulations (available on the VLE) and is in response to an application on the required form that is supported by independent verification.
Here, testing is being done without supervision. You can access notes and recordings that can be used as a guide on the VLE under the LLM Programme Information and Dissertations section under the Assessments tab.
LLM in Commercial Law evaluation
SUGGESTIVE MEMORANDUM
WHAT IS REAL?
Apple Co. owns and manages a number of orchards. This year, Apple Co. doubled its production capacity, and it expects a 60% higher yield. Apple Co. recently acquired recognition as an “organic producer,” which increased the retail price but decreased the apples’ shelf life. Apple Co. expects that when the first orders are properly filled, product demand will increase. Initial orders would be distributed by the company to several organic wholesalers across the country, according to plans. After realizing how quickly the apples must be supplied, Apple Co. makes plans to charter 3 refrigerated trucks from Eighteen-Wheeler Inc. To fit with Apple Co.’s distribution timetable and picking season, they agreed that Apple Co. would pick up the trucks from Eighteen-Wheeler Inc.’s depot on August 1 and return them three weeks later. In its correspondence, Apple Co. is quite explicit about the significance of the collection date and how any delays may affect business operations. The terms of their formal agreement reflect this.
Due to Apple Co.’s crop being picked on August 8, which was too late for a timely harvest, several requests for that week were unable to be filled.
Nevertheless, it arrived on August 1 to take up the cars from Eighteen-Wheeler Inc.’s depot as planned. The earliest date that could have been used for the vehicles’ yearly roadworthiness inspection was August 15, but it had not been collected since it had been forgotten. Eighteen-Wheeler Inc. expressed sincere regret for the situation when Nine Refrigerated Vans were not available. Due to their extremely low carrying capacity, the vans would have required numerous trips, and the CEO of Apple Inc. lacked the 9 drivers necessary. The management of Apple Co. turned down Eighteen-Wheeler Inc.’s offer to supply the vans so they wouldn’t have to wait for the trucks.
Apple Co. acquired a sizable amount of organic apples from its orchards and kept them locally when the trucks were ready. The trucks were finally available on August 22. Apple Co. had to bargain with its clients to accept late deliveries at a discounted price (33% of the original price for all their goods) because the quality of the apples decreased during this time. Apple Co. did not see a rise in repeat business from the organic wholesalers it dealt with as was anticipated.
COMMERCIAL LAW EVALUATION!AT LAW SCHOOL, 1 LLM
The counsel for Apple Co. has written to Eighteen-Wheeler Inc. demanding that it commence the official dispute resolution procedures set forth in the applicable clause of the contract.
Eighteen-Wheeler Inc. has retained your services in order to prepare for a future mediation.
I BRIEF YOU
Informing your client of the likely basis for any claim for contractual damages that will be made against them will help prevent misunderstandings. You can assume that the parties’ contract does not contain any reference to liquidated damages if you restrict your investigation to contractual claims.
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