Practical Legal Skills

The present assignment is based on activities as to appoint the lawyer to pass the resolution to the dispute. Therefore, report will cover the activities as explanation on steps on the telephonic conversation between Benjamin and lawyer. Additionally, study will cover the advice on the modes that aids to resolve the issues with Mr. Hughs.

Case study

The present case study is based on Mr. Benjamin a retiree, who has currently purchased a restaurant unit from one Mr. Hughs. It was making good profit and also has good reputation in market.

Both the parties has agreed to made contract for the sale of restaurant on 1^st January 2020. In the contracts, this was specified that all fittings and fixtures was included but the items were not specified in the contract (O'Connor, Bruch and Maekawa, 2019). Prior to the implementation of contract, Mr. phillip has informed that all  4 freezer were included within the contract. On the day of possession, Mr. Benjamin found out that all the 4 freezer were no longer in the restaurant.

In the above given case study the lawyer is supposed to give advised on 4 freezers that replaced with 4 new freezers or Mr. Hughs needs to bear the cost of EM 40000 which would incur to purchase the 4 new freezers.

Define the steps taken from Mr Benjamin telephones and he decided to meet with you as his lawyer to represent him in the matter.

Step 1: Greeting- At this stage, both the client and lawyer will greet each other.

Step 2: Topic discussion- At this, the topic or case will be discussed in short manner.

Step 3: Meeting- To know the depth details, meeting will be held on.

Client and victim interview-

1. Purpose-

The major purpose of the client to held the interview is to identify the client problem and to collect the facts that aids to identify the range of ways to address the problem (The initial client interview, 2018). Thus, interview also serves the opportunity to develop the relationship of trust and open conversation can be done between lawyer and client.Get Assignment Writing Service from our experts.

2. Preparation for interview-

• Review the file- The file of the case must be reviewed before taking up the initial interview. If there is  any additional documents relates with the case, the client must be asked to bring them.
• Draft questions for interview- Funnel approach will be used to discuss the case in depth manner (Sharma and Ganga,  2019). In this, the both open ended and general information from the client would be asked. Open ended questions will be asked on the topics and general information must be withdrawn on case. By following up the open ended question with narrower question will helps to discuss the facts relates with cause of action.
• Interview location- The location for the interview needs to be decided so that proper things can be conducted. It will be assistive in order to build the relationship of trust among them.

3. Structure of the interview

Introduction- At this, the client and lawyer will introduce themselves. Thus, Mr. Benjamin discussed the case in relation to contract for sale of Restaurant. They both (Mr Benjamin and Mr hughs) signed the contract for sale on 1^st January 2020 and this has included that all fittings and fixtures will be included in it. However, such items were not specified in the contract.

Client also added, Mr. Phillip informed that all the 4 freezers within restaurant were included within contract for sale. On the day, Mr, Benjamin took the possession and that day he has nowhere seen the 4 freezers in the restaurant. Thus, client got furious and has appointed lawyer to demand 4 freezers to be replaced or to bear the cost of RM 40000 which has to be incurred to buy the 4 new freezers.Therefore, Mr. Benjamin has discussed the all case and asked for the advise.

Open ended questions-:

• What happened at time of entering into contract?
• Did Mr. Hughs mentioned specifically about the fittings and fixtures within the restaurant?
• Is contract has made on the basis of FN5 theory as reliance, efficiency, fairness and bargain?
• Does Mr. Philip talked to Mr. Hughs about all 4 Freezers?

General questions-

• Do you have talked with Mr Hughs in terms to 4 freezers?
• Is he ready to bear the cost 4 new freezers?

Summary- The Lawyer will give the brief summary after understanding the facts of the case. Thus, issues needs to be identified to provide the proper conclusion about the case. In this case, it has been founded out that Mr. Hughs did wrong to the Mr. Benjamin after entering into the contract for sale of restaurant. Also, contract should mentioned specifically about the Freezer and all furniture that existed within restaurant. Thus, legal case can be filed on behalf of the Mr. Benjamin on Mr. Hughs. Therefore, Mr. Hughs is liable to bear the cost of RM 40000 which would be incurred by the Mt Benjamin to buy the 4 new Freezers. Want to get Assignment Samples.Talk to our Experts!

4. Conducting the interview

• Listening to the client- At this stage, I have listend to Mr. Benjamin actively. He has given him the all opportunities to fully explain the facts that can help to resolve the dispute.

• Be professional- I behaved in professional manner by maintaining the effective level of communication. Developing the communication plan, i kept the client informed and connected.

• Manage the expectation- I said to client to not to build up any unerasonable expectation. I have promosed to come up with the better outcome of the case.

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Advise to client on mode he can take to resolve the issue with Mr. Hughs with the use of Grid.

Mr. Benjamin advised to undertake the remedies for breach of Contract. As per the given case study, the contract has become void as all things are not legally followed.

Breach of contract- Business contract creates certain obligation that must be full filled by the parties who have entered into the agreements (Stokes, 2019). If any one part fails to meet with obligations of contract can be termed out as the breach of contract. In the given case, Mr. Benjamin and Mr. Hughs came into contract and this has become void on behalf of Mt Hughs.

Therefore, remedies to breach of contract are as follows-:

As per the given case, Mr. Hughs breaches the contract. So, Mr. Benjamin is liable for relief under the law. Therefore, main remedies for breach of contract as are-:

1. Damages- At this, payment of the damages must be paid in one form or any another. Thus, kind of damages are provided as follows as-:

• Compensatory damage- This is the damage that mainly aim to put the non breaching party within the position that were before, if any kind of breach has not taken the place.
• Punitive damages- It can be consider as those damage in which punitive party needs to make the payment in terms to compensate the non-breaching party. It can be kind of punish to wrongful party for wrongful acts.
• Nominal damage- In this damages will be awarded but no payment will be made for the damage that has been caused.

2. Specific performance- If the damages are inadequate as the legal remedy then the non breaching party is allowed to undergo alternative remedy that called out as specific performance. In this court order to undertake the performance of the duty. 

3. Cancellation and restitution- In this, Mr, Benjamin may cancel the contract and can sue for the restitution if any benefits has been made on behalf of the Mr. Hughs to the breaching party. Therefore, the cancellation of the contracts will void the contract and relieves all parties of any obligation under the agreement.

 In the given case, the Mr, Benjamin is liable to have punitive damages. By making or to beating the cost RM 40000 which Mr. Benjamin would incur to buy the 4 new Freezes. Order Law Assignment Help written by qualified experts.

Alternative dispute resolution-

Thus, remedies can be avail to the Mr. Benjamin with the use of out of court options such as alternative dispute resolution. This is outlined as-:

This is procedures that has been made for setting out the dispute without litigation. It allows the party to come up with the creative solution that court may not be legally allowed to impose.

• Arbitration- This is process that quite similar to the informal trial in which impartial third party hears the each side of the dispute.
• Binding- The binding decision is ruling at the time when parties abide that whether or not they agree with it.
• Arbitrator-  In this, impartial person will be given power to resolve the dispute with hearing of the each side and thereafter they get to the specific conclusion.
• Hearing- This is proceeding in which both evidence and arguments are presented.
• Mediation- It is termed out as the collaborative process in which mediator work with parties to come up with an effective solution.

CONCLUSION

From the above report this can be summarized that practical legal skill of lawyering and will be covered with interviewing, advocacy, writing and negotiation etc. The present case is based on Mr. Benjamin and Mr Hughs in terms to contract for sale of restaurant.

Furthermore, report has covered telephonic conversation and interview within both clients and lawyer. Also, solution has been given to resolve the issues with Mr. Hughs.

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