Law
Draft a total of TWO (2) Letters according to the following instructions:
• You act for the Plaintiff, Love to Sue Pte Ltd (client).
• Your client signed a contract for the supply of flowers to all the customers of Loverboy United Pte Ltd and the contract is for a period of one year at a rate of $10 per flower and it is a term of the contract that your client has to ensure that all the customers of Loverboy United Pte Ltd acknowledges receipt of the flowers upon delivery to support the invoice to Loverboy United Pte Ltd when your client sends the monthly invoice to Loverboy United Pte Ltd. It is also expressly stipulated in the contract that Loverboy United Pte Ltd must send a written request for delivery of the flowers at least ONE (1) week in advance of the delivery date with all their customer’s details and if they fail to do so, your client shall not be liable for any losses as a result of your client’s failure.
• Your client also tells you that they engage a despatch company known as On Time Delivery Pte Ltd, to send the flowers and the despatch company charges them a fee of $2 per flower delivery based on the bulk despatch your clients provided as each day the deliveries are between 20 to 40 flowers for various locations. Although your client says there was no written contract, there was a salesman known as Johny Cuckoo who agreed to the price and he sent an email to your client confirming the agreement to $2 per flower delivery.
• Your client received a bill from On Time Delivery Pte Ltd and in the invoice the company claims the rate of $5 per delivery and when your client’s staff sent an email to them, they replied that it was a misunderstanding as based on the volume of the delivery, the rate quoted by the salesman to you was wrong.
• Your client also tells you that Loverboy United Pte Ltd has sent a lawyer’s letter demanding losses for your client’s breach of the terms of the contract by failing to deliver 50 flowers to their customers despite numerous reminders but your client says that they did not receive the request at all. Your client also tells you that Loverboy United Pte Ltd has stopped paying all your invoices and owes your client a total sum of $5,000.
Question :
a. Draft the 1st letter as a reply to Loverboy United Pte Ltd’s lawyers letter for their alleged breach of the contract and demanding in that letter that they settle the overdue sums too. (25 marks)
b. Draft another letter to On Time Delivery Pte Ltd clearly setting out the terms of the contract and enquiring on the discrepancy in the agreed price and their invoice. (25 marks)
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