Advice to Samantha for Remedy (as What advice do you have for Samantha?) is the partly answer of the case study regarding a business law practice taken from a course like Business Law and Ethics.
Breach of Contractual Relationships and Remedies
Raymond works on a part-time basis for a firm of accountants in its taxation department, but he also runs a small consultancy business, of which he is the sole proprietor, specialising in personal taxation advice. He entered into a contract with Samantha, a struggling artist, under which he agreed to prepare some draft business accounts for her,covering the last three years, for the sum of £800. Raymond completed the work, but Samantha told him she could only afford to pay £200 for the work. After a bitter argument Raymond reluctantly accepted a cheque for £200 from Samantha, which was stated to be in full and final settlement of the debt.
Shortly afterwards Samantha’s paintings began to realise very high prices and Raymond has just read in a newspaper that her latest work has been sold for £20,000. He now wishes to claim the balance of £600 from Samantha and approaches you for advice.
Requirement 1 Answer: Advise Raymond on Possible Remedies
Requirement 2 Answer: Consequences if Samantha had paid Raymond
Requirement 3 Answer: Consequences if Raymond Requested
4. What advice do you have for Samantha?
Answer (Advice to Samantha for Remedy):
The following case describes a scenario where a contractual dispute has sprung between Raymond and Samantha. Samantha is a struggling artist who wants Raymond to make a draft business. Since Raymond is a part time accountant, he accepts the proposal of Samantha and charges £800 for that. When the draft is completed, Samantha wants to pay £200 to him rather £800 because she cannot afford more than £200 (T. Ostas, 2017). This causes a conflict between Raymond and Samantha but later Raymond accepted the amount unwillingly. Later on, Samantha’s paintings are sold with £20000. This makes Raymond to claim rest of his payment £600 from her. Now, the question arises can Raymond ask for the money and if so what are the available remedies for him? The above question (Advice to Samantha for Remedy) is going to be reviewed in this report.
Advice to Samantha
Samantha made a contract with Raymond with an offer of making draft business accounts. As Raymond accepted her offer with an amount of £800, he fulfilled his part and finished making drafts. But Samantha paid £200 to him saying she cannot afford to give £800 and after a confliction, Raymond accepted that with reluctance. This is a breach of contract since Samantha did not perform her part of contract (Badaracco, J. L. and Webb, A. P., 2015). When Raymond came to know about Samantha’s paintings that are sold with £20000, he wants to claim the remaining money. Now, remedies are accessible for breaching. According to the classification of remedies that have been discussed above, common law is not applicable rather victim can ask for equitable remedy. Since, Samantha breached the contract; she must pay the rest of £600 as equitable remedy. The advice would be therefore, to pay the remaining money that was decided during agreement.
So, The above incident revolves around a contract where Samantha made a contract with Raymond for making draft business with £800. Later, Raymond finished the work but she paid £200 to Raymond which is a breach of contract. Raymond, at first, accepted the amount but later claimed for rest of the money when he got to know Samantha’s paintings selling was going high. We discussed above, the contract forms only when both parties agrees with an offer. Contract is also legally enforceable. So, if any party breaches, there are suggested remedies for victim party. In this case, Raymond can ask for remedy according to the law.
Badaracco, J. L. and Webb, A. P. (2015) ‘Business Ethics: A view from the Trenches’, California Management Review, 37(2), pp. 8–28.
Ostas, D., 2017. The Law and Ethics of K Street: Lobbying, the First Amendment, and the Duty to Create Just Laws. Business Ethics Quarterly, 17(1), pp.33-63.
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