Email of Advice (Edited Document)

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The structure of an email of advice


Subject:

Dear Mr. / Ms. …..,

(p.1. Opening paragraph) Thank you for coming to see me on… when we discussed …. I am writing to
summarize our discussion and to confirm your instructions.

(p.2. Summary of facts) You told me that… Under the clause…of the contract ….. were to give you …so that you
could… X failed to …. by the agreed date. Now you wish to terminate the contract.

(p.3. The legal issue(s)) The legal issue is whether or not…is enough to allow …to terminate the contract without
being liable for damages. If the contract term in question can be shown to be a condition… you will be able to
terminate the contract without fear of damages being awarded against you. If the term is simply a warranty, you will
be able to claim damages to cover any costs you have incurred as a result of this breach but may not actually
terminate the contract.

(p.4. The lawyer’s advice) Recent case law suggest that if… the courts will rule for/ against you. Your contract
involves… in such cases, the need for certainty is very important. You were unbale to...as a direct consequence
of… and this term would be interpreted as a condition.

(p.5. The lawyer’s proposed action) I will write a letter to …outlining the above and notifying them of your
intention to … I will request that…I will be in touch again shortly. Please do not hesitate to contact me if you have
any further questions.

Yours sincerely,

…………………..

Email of advice
Subject: The purchase of the satellite system from Burnett TV Supplies

Dear Ms. Joanna Staines,

Thank you for coming to see me on the 7 th of November to discuss the issue regarding a purchase you made at
Burnett TV Supplies.

You told me that you bought an apparently brand-new satellite system from the company mentioned above at half
of its initial price, so as to use it in your educational activity. Shortly after the product was set up and you attempted
to make a first recording by using it, you realized the timer function was not working at all. That meant somebody
had to physically press the "record" and "stop" buttons, in order to begin or stop recording. Moreover, you have
asked for a replacement, but the company rejected your request and told you not to expect the system to work
perfectly, since you had bought it at a cheap price. However, they offered to repair the system in exchange for 130£.

The legal issues involve the fact that the system’s malfunctions were not pointed out at the time of purchase, as
required. According to the Sale of Goods Act, if a product is not in good condition, the seller has to immediately
inform the client of this issue, so as to warn him/her that the good has its disadvantages. Since that information had
not been provided to you before purchasing the system, you are a victim of a flagrant scam. A discount that is made
due to an imperfection is not a good enough reason for the seller to hide details of such kind from the buyer.

As a result, recent case law suggests that, if you sue the company, it is very likely that the courts will rule for you.
Burnett TV Supplies would be forced to either the replacement of the broken system or to a full refund, depending
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on what you would request. Taking those aspects into consideration, the company would probably change its mind
and decide to fulfil your requirements, as its leadership will probably realize the company wouldn’t have any
chance to win the case.

Please let me know which of the two options mentioned above you would prefer. I will write a letter to Burnett TV
Supplies as soon as possible, pointing out the previously written conditions and the fact that, if they keep on
refusing to replace the system or to give back your money, we will be bringing a lawsuit against them. I will be in
touch again shortly. Please do not hesitate to contact me if you have any further questions.

Yours sincerely,
Manuel Andronic

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