leszkoss
Junior Member
- Joined
- Dec 3, 2011
- Member Type
- Student or Learner
- Native Language
- Polish
- Home Country
- Poland
- Current Location
- UK
This is an exercise from Introduction to International Legal English: A Course for Classroom or Self-Study Use. The exercise is to write an email of advice based on notes of an interview with a client. Any advice and corrections welcome!
Dear Joanna Staines, Director of Studies, Berlingua
Thank you for coming to see me on 7 November to discuss the dispute over the faulty satellite system purchased from Burnett TV Supplies. I am writing to summarise our discussion and to confirm your instructions.
You informed me that you had bought a new satellite system at 50% of the normal price from Burnett TV Supplies for educational purposes. You told me that you wanted to use it to record foreign-language TV programmes for use during lessons. After assembling the system you discovered that you were unable to use the timer function because it was faulty, and therefore someone has to physically press ‘record’ and ‘stop’ in order to record. When you requested a replacement, Burnett refused to provide it arguing that the equipment should not be expected to work perfectly considering such a cheap price. They did however offered a repair for a price of £130.
The legal issue here is whether you are entitled to a replacement or a refund, and whether Burnett TV Supplies are in breach of the Sale of Goods Act.
The Sale of Goods Act clearly states that the seller of goods must inform the client of the defect at the time of purchase, which he failed to do. The reduction of price due to an imperfection does not relieve the seller of the duty to give this information to the buyer.
According to consumer law, you are entitled to either a full refund or a replacement system. It is for you to decide which option to choose. It should not be difficult to persuade Burnett to accept our position. The facts and law are in our favour, and it is almost certain that the small claims court would rule against them.
Please let me know whether you prefer a full refund or a replacement system. I will write a letter to Burnett TV Supplies outlining the above and notifying them of your intention to taking the case to small claims court. It should be sufficient to make them change their mind. I will be in touch again shortly. Please do not hesitate to contact me if you have any questions.
Kind regards
Tom Kane QC
Dear Joanna Staines, Director of Studies, Berlingua
Thank you for coming to see me on 7 November to discuss the dispute over the faulty satellite system purchased from Burnett TV Supplies. I am writing to summarise our discussion and to confirm your instructions.
You informed me that you had bought a new satellite system at 50% of the normal price from Burnett TV Supplies for educational purposes. You told me that you wanted to use it to record foreign-language TV programmes for use during lessons. After assembling the system you discovered that you were unable to use the timer function because it was faulty, and therefore someone has to physically press ‘record’ and ‘stop’ in order to record. When you requested a replacement, Burnett refused to provide it arguing that the equipment should not be expected to work perfectly considering such a cheap price. They did however offered a repair for a price of £130.
The legal issue here is whether you are entitled to a replacement or a refund, and whether Burnett TV Supplies are in breach of the Sale of Goods Act.
The Sale of Goods Act clearly states that the seller of goods must inform the client of the defect at the time of purchase, which he failed to do. The reduction of price due to an imperfection does not relieve the seller of the duty to give this information to the buyer.
According to consumer law, you are entitled to either a full refund or a replacement system. It is for you to decide which option to choose. It should not be difficult to persuade Burnett to accept our position. The facts and law are in our favour, and it is almost certain that the small claims court would rule against them.
Please let me know whether you prefer a full refund or a replacement system. I will write a letter to Burnett TV Supplies outlining the above and notifying them of your intention to taking the case to small claims court. It should be sufficient to make them change their mind. I will be in touch again shortly. Please do not hesitate to contact me if you have any questions.
Kind regards
Tom Kane QC
