Business disputes come in all shapes and sizes. At the risk of generalising we aim to set out some of the more common types of business disputes and the associated relief that can be sought.
Claim For Damages For Defects in Quality
In a claim for damages due to defects in quality of goods there is usually a contract for the supply of goods e.g. wheat between the plaintiff and the defendant. The contract may contain express terms as to quality (or implied terms perhaps regarding fitness for purpose or merchantable quality). When the goods are supplied or delivered there may be issues about the quality e.g. it could contain contaminants or be of poor quality. This could potentially lead to a claim in contract for damages for the price paid, and perhaps for the loss of profits. For instance if the wheat was to be used to make pasta (and the seller was aware). Alternatively, consider the possibility of bringing a misleading conduct case if there was a misleading representation about the quality or standard of the goods or services.
Seeking Damages Due To A Breach Of Condition As To Title
In this type of case the buyer could be buying equipment or a motor vehicle or something else. Problems may then arise when the seller does not in fact have proper legal title to the goods because the equipment is perhaps owned by a finance company. The buyer’s losses would include the loss of the equipment and perhaps the financing costs depending upon the seller’s awareness of the specifics.
Claim For Money Paid As A Result Of Threats Made
Sometimes a Defendant makes a demand for the payment of money beyond what it is entitled to receive in a contractual sense. For instance if you enter into a contract to build a boat and the builder then asks for more money as a condition to releasing the boat it is possible that you could seek damages for money paid as a result of economic duress.
Claiming A Deposit From The Agent
When a contract for the sale of land is validly terminated and the agent (aka stakeholder) fails to release the deposit then the purchaser may claim the deposit. Much depends on whether or not the contract is validly terminated by the purchaser permitting him/her to seek a return of the deposit. In some cases the vendor will say the purchaser was not entitled to terminate and there will be a dispute.
Injunction to Stabilise Land
If you are a business owner and your neighbours wrongfully remove support causing your property to become unstable then an injunction may be the appropriate remedy. In this instance you may need to approach the Supreme Court to seek an injunction requiring the neighbours to carry out restorative work (in accordance with the advice and recommendations of an engineer). Many injunctions are preceded by a cease and desist letter.
Futher Help
For more help with a breach of contracts case, or another type of dispute, please contact our litigation lawyers today.
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