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Claiming Payment Introduction Starting the claim
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| [ Publication date Jan 01, 2001 ] |
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In terms of contract law, this is what has happened. - Bai Ying and Seah Ling had an agreement; Seah Ling promises to deliver x pieces of an item to Bai Ying. In exchange, Bai Ying promises to pay $y to Seah Ling.
- Bai Ying finds something wrong with part of the x pieces of goods delivered. Seah Ling did not entirely fulfill his promise.
- Right or wrong, Bai Ying retaliates by not fulfilling his own promise to pay $y.
In any legal action (regardless of whether it happens by a suit in court, through arbitration or mediation), the attack and thec ounterattacks happen this way: Assuming that Seah Ling (who is more affected by the incident) feels more badly treated, he starts his claim by himself orthrough a lawyer. To make his case understandable to the judge or neutral umpire, his claim should cover these points: - How did Seah Ling and Bai Ying reach an agreement? For instance, there was a signed contract on a certain date, or they had a conversation at a certain time and place (or over the telephone at a certain time).
- What exactly were the items which they had agreed on? For instance, 2,000 pieces of marble tiles at $10,000.
- How did Seah Ling fulfill his part of the bargain? For instance, Seah Ling can explain that his delivery man had sent the tiles to Bai Ying on a certain date and also point out that Bai Ying had signed a delivery order which states "Received the above-mentioned goods in satisfactory condition".
- How did Bai Ying fail to honour his promise to pay? For instance, Bai Ying only paid a $1,000 deposit upon confirming the order. After that he did not pay anything further.
- What is the total amount which Seah Ling is claiming? For instance, $9,000 as the balance of the purchase price, an extra $300 for a surveyor to inspect the tiles when Bai Ying complained that some of the marble tiles looked stained after they were laid on the floor of Bai Ying's house.
All the points in a. to e. would have to be in a written statement and confirmed by Seah Ling to be the outline of his case against Bai Ying. If the action is started in court, there are many formalities to be observed. Most of them are set out in the Rules of Court. If them matter was arbitrated or mediated, the process will be much less formal. |
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