Advise your client regarding the likely basis of the claim against them for contractual damages. Limit your analysis to claims based in contract, and you can assume that the contract between the parties does not make any provision for liquidated damages.

Advise your client regarding the likely basis of the claim against them for contractual damages. Limit your analysis to claims based in contract, and you can assume that the contract between the parties does not make any provision for liquidated damages. follow the case from the PowerPoint week 3 and 4 and build up more analyse or judgement of the case . Each paragraph follow this rules : 1. conclusion about what this paragraph is about and this will be the subheading of it 2. Rules which is clearly state the issue 3. Explanation 4. Analyse and then 5. Conclusion LL.M. Commercial Law Assessment Candidates must submit to the Student Advisers (2nd Floor RLS) a final draft of their Memorandum of Advice for the Module in Commercial Law no later than 4pm Monday 23rd November 2015. The Memorandum of Advice is worth 30 per cent of the total marks available for the Module in Commercial Law. The Memorandum of Advice (including any attachments) should not exceed 3,000 words. As the Memorandum should be drafted and written in a practical style (with numbered paragraphs) it is not necessary to include a bibliography. Advice on the writing of a memorandum is available on the VLE (LLM Programme Information and Dissertations tab). Please note that no extension or deferral of this assessment can be authorised other than in strict accordance with the General Academic Regulations (available on the VLE) and pursuant to an application on the required form supported by independent evidence. This assessment is unsupervised. However, for guidance please refer to the notes and recordings on the VLE (LLM Programme Information and Dissertations tab – Assessments). LLM COMMERCIAL LAW ASSESSMENT MEMORANDUM OF ADVICE THE FACTS Apple Co. owns and manages several orchards. This year, Apple Co. has increased its production capacity and expects a 60% higher yield. Apple Co. was also recently certified as an ‘organic’ producer, meaning that the retail price of its apples will increase but the shelf life will decrease. Apple Co. has arranged to supply initial orders to various organic wholesalers across the country, and expects that demand for its products will increase after initial orders are filled successfully. Realising that it will be important to distribute the harvested apples quickly, Apple Co. arranges to hire 3 refrigerated trucks from Eighteen-Wheeler Inc. The contract between Apple Co. and Eighteen-Wheeler Inc. states that the trucks will be collected by Apple Co. from Eighteen-Wheeler Inc.’s depot on August 1 and will be returned 3 weeks later (coinciding with Apple Co.’s picking season and distribution plans). In their correspondence, Apple Co. makes it clear that the collection date is very important and that any delay would cause disruption to their business activities. This is reflected in the terms of their signed agreement. Due to a late harvest, Apple Co. did not begin picking its crop until August 8, and so it did not have the stock available to fill some of its orders that week. Nonetheless, it arrived at Eighteen-Wheeler Inc.’s depot on August 1 to collect the trucks as planned. Unfortunately, the trucks were not ready to collect – their annual roadworthiness test had been overlooked, and the earliest available time for undertaking this test was August 15. Eighteen-Wheeler Inc. was very apologetic and offered 9 refrigerated vans instead. Apple Inc.’s manager did not have 9 people to drive the vans and their relatively small carrying capacity would have required multiple trips. Therefore, Apple Co’s manager declined Eighteen-Wheeler Inc.’s offer to supply the vans and decided to wait for the trucks instead. Apple Co. harvested a bumper crop of organic apples from its orchards and stored them onsite, waiting for the trucks to be ready. In the end, the trucks were not available until August 22. During this time, the quality of the apples deteriorated and Apple Co. needed to re-negotiate with its buyers to accept late delivery at a reduced price (33% of the original price for all their stock). Apple Co. did not receive any repeat business from the organic wholesalers it supplied, as it had originally hoped. LAW SCHOOL !1 LLM COMMERCIAL LAW ASSESSMENT Eighteen-Wheeler Inc. has received a letter from Apple Co.’s solicitors to initiate the dispute resolution procedures set out in the relevant clause of the contract. You have been retained by Eighteen-Wheeler Inc. to prepare for an upcoming mediation. YOUR BRIEF Advise your client regarding the likely basis of the claim against them for contractual damages. Limit your analysis to claims based in contract, and you can assume that the contract between the parties does not make any provision for liquidated damages. LAW SCHOOL !2