Part 2
Question 1
Firstly, we will need to prove that Browne & Partners and Art Restorations
(Manchester) Limited entered into an oral contract dated 25 May 2xx8 (“the
Contract”). There is no written contract and Scarlett Brown does not have a
telephone attendance note so, any witness statements to the telephone conversation
between our client and Mr Finch would suffice. In addition, any alternative further
evidence mentioned in Scarlett Browns’ proof of evidence statement should also be
obtained.
We also need to prove the existence of express terms in the contract i.e. that Art
Restorations (Manchester) Limited agreed to clean, pack and transport “Buoy in
Space #12” (“the Painting”) in consideration of £15,275 (inclusive of VAT) payable by
Brown & Partners. As there is no written contract, a witness from a third party who
may have overheard Mr Finch’s phone call should be obtained. We may require
evidence of payment for £15,275. However, any further evidence beyond this is not
likely to be required here as a dispute as to the express terms is unlikely to arise.
We need to establish the implied terms under the contract dated 25 May 2xx8. The
contract contains terms implied by the Supply of Goods and Services Act 1982 that
reasonable care and skill would be afforded to the cleaning, packing and delivering
of the Painting. The SGA is evidence of this. A witness statement/proof of evidence
may be obtained to demonstrate that the Contract is of a kind into which these terms
are implied.
We also need to prove that there was a breach of these implied terms. The email
from an employee of Browne & Partners (Document D) is available as supporting
evidence. Any photographs of the Painting or witness statements from Mr Nicholas
Jones of what went wrong should be obtained to provide evidence of the damage to
the Painting.
It is also important to prove that the breach caused the loss which was suffered i.e.
that the defendant’s lack of reasonable care and skill caused the Painting to crack
and flake off in places and to appear dull and faded. A copy of Brown & Partners’ in-
house expert, Ciaran Kelly’s expert report should be obtained to prove that the
inadequate handling of the Painting caused it to crack and flake off. An independent
expert’s report should also be obtained to confirm whether it was the defendant’s
handling of the Painting which caused the damage or an alternative reason. This
should also outline whether it was the cleaning fluid which caused the Painting to
appear dull and faded or another explanation.
We also need to prove quantum/losses. The copy of Browne & Partners’ invoice with
Art Restorations (Manchester) Limited and Scarlett Brown’s proof of evidence
statement will be useful for this. An invoice for the cost of restoring the Painting
should be obtained to provide further evidence of losses resulting from the
defendant’s breach of contract.
Question 1
Firstly, we will need to prove that Browne & Partners and Art Restorations
(Manchester) Limited entered into an oral contract dated 25 May 2xx8 (“the
Contract”). There is no written contract and Scarlett Brown does not have a
telephone attendance note so, any witness statements to the telephone conversation
between our client and Mr Finch would suffice. In addition, any alternative further
evidence mentioned in Scarlett Browns’ proof of evidence statement should also be
obtained.
We also need to prove the existence of express terms in the contract i.e. that Art
Restorations (Manchester) Limited agreed to clean, pack and transport “Buoy in
Space #12” (“the Painting”) in consideration of £15,275 (inclusive of VAT) payable by
Brown & Partners. As there is no written contract, a witness from a third party who
may have overheard Mr Finch’s phone call should be obtained. We may require
evidence of payment for £15,275. However, any further evidence beyond this is not
likely to be required here as a dispute as to the express terms is unlikely to arise.
We need to establish the implied terms under the contract dated 25 May 2xx8. The
contract contains terms implied by the Supply of Goods and Services Act 1982 that
reasonable care and skill would be afforded to the cleaning, packing and delivering
of the Painting. The SGA is evidence of this. A witness statement/proof of evidence
may be obtained to demonstrate that the Contract is of a kind into which these terms
are implied.
We also need to prove that there was a breach of these implied terms. The email
from an employee of Browne & Partners (Document D) is available as supporting
evidence. Any photographs of the Painting or witness statements from Mr Nicholas
Jones of what went wrong should be obtained to provide evidence of the damage to
the Painting.
It is also important to prove that the breach caused the loss which was suffered i.e.
that the defendant’s lack of reasonable care and skill caused the Painting to crack
and flake off in places and to appear dull and faded. A copy of Brown & Partners’ in-
house expert, Ciaran Kelly’s expert report should be obtained to prove that the
inadequate handling of the Painting caused it to crack and flake off. An independent
expert’s report should also be obtained to confirm whether it was the defendant’s
handling of the Painting which caused the damage or an alternative reason. This
should also outline whether it was the cleaning fluid which caused the Painting to
appear dull and faded or another explanation.
We also need to prove quantum/losses. The copy of Browne & Partners’ invoice with
Art Restorations (Manchester) Limited and Scarlett Brown’s proof of evidence
statement will be useful for this. An invoice for the cost of restoring the Painting
should be obtained to provide further evidence of losses resulting from the
defendant’s breach of contract.
