Introduction
This essay aims to draft a summons for a breach of contract based on the specific circumstances provided. The petitioner, who runs a business offering waxing services and selling handbags and clothes, entered into an agreement with the defendant for advertisement services. Despite payment being made, the defendant failed to post the advertisement on their platform, and a month has passed without a refund. This situation raises clear issues under the law of contract in the UK, particularly concerning the essential elements of a valid contract, breach, and remedies. The essay will explore the legal foundation of the claim, outline the key components of a summons, and address the contractual obligations and potential remedies available. Through this analysis, a structured approach to initiating legal proceedings will be presented, reflecting an understanding of contract law principles at an undergraduate level.
Legal Basis of the Contract and Breach
Under UK contract law, a valid contract requires an offer, acceptance, consideration, and an intention to create legal relations (Adams, 2016). In this case, the petitioner offered to pay for advertisement services, which the defendant accepted by agreeing to post content on their platform. Consideration is evident in the payment made by the petitioner, and an intention to create legal relations can generally be presumed in commercial agreements (Poole, 2016). Thus, a binding contract appears to have been formed.
A breach of contract occurs when one party fails to perform their obligations without a lawful excuse (Treitel, 2015). Here, the defendant did not fulfill their promise to advertise the petitioner’s business, constituting a clear breach. Furthermore, the defendant’s failure to refund the payment after a month suggests an additional failure to mitigate the petitioner’s loss, exacerbating the breach. This situation entitles the petitioner to seek remedies, such as damages or specific performance, through legal action.
Drafting the Summons: Key Components
A summons for breach of contract initiates legal proceedings and must be precise and formal. It should begin with identifying the court, such as a local County Court in the UK, where small claims for breaches of contract are typically heard (Slapper and Kelly, 2017). The document must name the petitioner (claimant) and defendant, providing their respective addresses and contact details. A clear statement of claim is essential, detailing the nature of the contract—namely, the agreement for advertisement services—and the defendant’s failure to perform. The summons should specify the payment made, the agreed terms (if documented), and the timeframe of non-performance, which is one month in this instance.
Moreover, the summons must outline the remedy sought. Given the straightforward nature of the breach, damages equivalent to the payment made, plus any incidental losses (e.g., lost business opportunities), are likely appropriate (Treitel, 2015). Alternatively, the petitioner might request a refund and compensation for consequential damages. Importantly, the summons should include a deadline for the defendant to respond, typically within 14 days, as per court procedures (Slapper and Kelly, 2017).
Challenges and Considerations
While drafting the summons, certain challenges arise. For instance, if the agreement was verbal rather than written, proving the terms of the contract may be difficult. The petitioner must provide evidence, such as payment receipts or communication records, to substantiate the claim (Poole, 2016). Additionally, the defendant might argue a lack of clarity in the terms or unforeseen circumstances preventing performance. However, without evidence of such justifications, the breach remains actionable. The petitioner should also consider the cost-effectiveness of legal action, as court fees and potential delays could outweigh the disputed amount in small claims.
Conclusion
In conclusion, the provided facts establish a clear basis for a breach of contract claim under UK law. The petitioner entered into a valid agreement with the defendant for advertisement services, paid the agreed sum, and suffered a loss due to non-performance and failure to refund. Drafting a summons involves identifying the court, detailing the contractual breach, and specifying the remedy sought, typically damages or a refund. Despite potential challenges, such as proving verbal agreements, the petitioner appears to have a strong case supported by fundamental contract law principles. This process underscores the importance of clear agreements and the legal mechanisms available to address breaches, ensuring fairness in commercial dealings. Indeed, pursuing such claims not only seeks redress but also reinforces contractual accountability in business relationships, a critical aspect of maintaining trust in trade.
References
- Adams, A. (2016) Law for Business Students. 9th edn. Pearson Education.
- Poole, J. (2016) Textbook on Contract Law. 13th edn. Oxford University Press.
- Slapper, G. and Kelly, D. (2017) The English Legal System. 18th edn. Routledge.
- Treitel, G.H. (2015) The Law of Contract. 14th edn. Sweet & Maxwell.
