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80金币求根据案例写一封英文信 [推广有奖]

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80论坛币

写作要求:

write a letter ofadvice to one of the parties in which you outline the legal issues raised bythe case,refer to relevant statutes or related cases and provide your opinionas to the likely outcome of the case.(要求英文的信)

案例情况:

Read thisdescription of the facts of the case. What is the legal issue here?

Deep Blue PoolsLtd    as a small business in1977,manufacturingand installing high-quality swimming pools for private residences.It has sincedeveloped a reputation for excellence and has received a number of lucrativecontracts,generating sustantial income for the company.

Last yearGainsborough Construction Ltd contracted with DeepBlue Pool to build one swimming pool for each of the ten luxury properties itis currently building in south-east England.Deep Blue Pools was paid a total of265, 600 for the work.

Sometime aftertheir installation,it became clear that each pool was shallower than the depthof 2.4m specified in the contract (by 25 to 50cm at different points). DeepBlue Pools claimed that each pool was still safe for diving and there would beno loss of enjoyment.

GainsboroughConstruction is claiming 312,680 to demolish and rebuild the poolsto the proper depth (cost of cure), arguing that it is entitled to its exactpreference concerning the pools’ depth. Gainsborough Construction also claimsthat Deep Blue Pools deliberately misled them as to the size of the poolsprovided in order to reduce costs.

Deep Blue Poolssays that the amount claimed is wholly disproportionate to the disadvantage sufferedby Gainsborough Construction and that the houses are no less valuable.Deep Blue Pools also claims that Gainsborough Construction has no realintention of effecting a cure,and that any damages awarded would be an unfair'windfaIl.

相关法条:

1、英文法条:

Saleof Goods Act 1979,Section 53(1-3)

53. Remedy for breach of warranty  

    (1) Where there is a breach of warranty by the seller, or where the buyer elects (or is compelled) to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by reason only of such breach of warranty entitled to reject the goods; but he may:  

(a)            set up against the seller the breach of warranty in diminution or extinction of the price, or   

  (b) maintain an action against the seller for damages for the breach of warranty.  

    (2) The measure of damages for breach of warranty is the estimated loss directly and naturally resulting, in the ordinary course of events, from the breach of warranty.  

    (3) In the case of breach of warranty of quality such loss is prima facie the difference between the value of the goods at the time of delivery to the buyer and the value they would have had if they had fulfilled the warranty.

中文翻译部分

《英国货物买卖法》1979年,53

五十三、违反担保条款的救济  

(1)           如果卖方违反了担保条款,或是买方选择(或是被强迫)把卖方违反条件条款看作违反担保条款,买方不能仅因为该担保条款的违反而拒绝接受货物;但是他可——      

(a) 提出卖方因价格的减少或消灭而违反了担保条款,或  

(b) 对卖方提起诉讼,向卖方主张违反担保条款的损偿。  

(2)违反合同的担保条款的损害赔偿额应估计为,违反担保行为在一般情况下所造成的直接且必然的损失。  

(3) 若违反了质量担保条款,损失则可初步推定为,货物交 付买方时的价值与成就担保条款时货物价值之间的差额。  

(注意事项:

1.   In some jurisdictions ,contract termsare classed as either warranties or conditions. The breachof a warranty can give rise to a claim for damages, but not to a right to treatthe contract as terminated. The breach of a condition can give rise to a claimfor damages and also gives the right to treat the contract as terminated.

2.   the act of decreasing or lessening something; reduction atfirst sight; accepted as correct until disproved)

2.相关案例:

Excerpt from the judgment in RuxleyElectronics and Construction Ltd v. Forsyth [1996] AC 344

It is a common feature of small building works performed on residentialproperty…that comparatively minor deviations from specification or soundworkmanship may have no direct financial effct at all.Yet the householder mustsurely be entitled to say that he chose to obtain from the builder a promise toproduce a particular result because he wanted to make his house morecomfortable,more convenient and more comfortable to his own particulartastes;not because he had in mind that the work might increase the amount whichhe would receive if,contrary to expectation,he thought it expedient in thefuture to exchange his home for cash.to say that in order to escapeunscathed,the builder has only to show that to the mind of the averageonlooker,or the average potential buyer,the results which he has produced seemjust as good as those which he had promised would make a part of the promiseillusory,and unbalance the bargain.

3.   


关键词:Construction Installation disadvantage Comparative Residential reputation business relevant swimming private
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