Example of the Statement of Claim Assignment Example | Topics and Well Written Essays - 1000 words

Example of the Statement of Claim - Assignment Example The plaintiff and seller entered into an agreement for purchasing a villa that was to be completed within a specified date. The two signed an agreement that was meant to be followed to the later. The plaintiff performed all covenants, conditions, and promises that had been made. The plaintiff relied on the information in the sales agreement before entering the deal. However, the defendant did not state that he was facing some problems as a result of the emerging financial crisis. As a result of the breach, the plaintiff has been affected financial as a result of the prior commitments that had been made. Concise statement of facts The facts that vary in the case include, a villa that is luxurious was bought on the 3rd of November from the respondent. After that, the claimant responded with a letter on the 7th of January stating that the project of the house was put on hold as a result of a financial crisis that prevailed in the year 2008. The respondent requested that the claimant sho uld stop making any further payments as had been the initial agreement in the making of the deal. After that, the claimant wrote a letter to the respondent asking for a refund of the payments made. However, the respondent did not reply to the letter. The letter had also requested for a termination of the agreement immediately. Later on, in the month of June 2009, the claimant wrote another letter to the respondent requesting for termination of the contract, however, the letter was also not replied to. In the month of August, the claimant requested for a refund of his funds plus an extra interest amount as a result of the failure to comply with the agreement and failing to reply to the letters from the claimant. Points at issue At the signing of the agreement, there were some agreements that were made between the claimant and the respondent. It stated that the date of completion would be stated by the seller. The completion date was approximated to be the month of July the year 2009; however, the date of completion could be extended by a year by the respondent. The seller was also supposed to give the buyer a one month’s notice before the date of completion so that the buyer could get ready to get the new villa. There was also an agreement that would ensure that if the completion date was not within the stipulated time period, the buyer may remedy such a deal and ensure that he gets a refund of all the money within 60 days. The money is returned within 60 days could not be entitled to an interest rate. The return of the payments would constitute the surrender of all the rights. The agreement stated that in case of any disputes, they should be resolved by the use of arbitration. Claimant’s arguments The claimant may argue that there was a breach of contract.