![]() You need to think about what it is that you need to prove to the judge in order to win your case and then explain in more detail the general allegations that you made in your complaint or petition. When you receive a request for a bill of particulars, you should first read it over very carefully and then read your complaint or petition. If a bill of particulars does not explain enough of the case to support the lawsuit, then the other party might be able to file a motion to dismiss the claim. Once you know what the other side is trying to prove to the judge, you can better prepare for depositions or trial. This way, the parties can start to understand what the other side’s “theory of the case” will be – in other words, what the party is trying to prove to the judge so that s/he can get the outcome and the relief s/he is looking for. If there is a complaint filed by one party and a counter-complaint filed by the other party, both parties may request a bill of particulars against each other. Usually, requests for bill of particulars are sent out before depositions happen, and before other forms of discovery, so that the other party has a more complete sense of the allegations against him/her. In other words, a bill of particulars is a discovery tool that can be used by a respondent to figure out what the other party is claiming happened. The respondent in a lawsuit might request a bill of particulars if the complaint has general allegations without getting into the specific details that would be necessary for the respondent to properly defend him/herself in the case. The Defendant would carry out the work with reasonable care and skill.īuy the full version of these notes or essay plans and more in our Drafting Notes.A bill of particulars is a written document in which a party has to explain the allegations in his/her complaint, or petition, in more detail. The Defendant entered into the contract in the course of his business and the following terms are therefore implied: The Defendant made no mention of the inherent reduction in door height this would entail. On 10 April 2015, during a telephone conversation, the Defendant offered to install ‘transom windows’ above the internal doors and faxed through a design sketch, which the Claimant accepted. On 7 April 2015, the Claimant chose mahogany hardwood out of samples shown to him at Property. Solid hardwood front and rear doors in hardwoodĮqual sightlines across the horizontal and vertical elevations On 2 March 2015 the following express terms were agreed during a discussion held at the Property: ![]() The agreement made reference to the terms agreed in discussions on 2 March, 7 April and 10 April 2016. 50% of the contract price was paid up front, and 50% due upon completion. On 17 April 2016 the parties entered into an oral contract over the telephone for the design, construction and installation of 20 mahogany units (15 window units, 3 French doors and 2 solid hardwood panelled front and rear doors) for a total price of 80,000 plus VAT. ![]() ![]() The Defendant is the owner and operater of a business known as Quality Windows which specialises in the design, manufacture and installation of bespoke windows and doors. The Claimant is the owner of a property known as Prandergast (“the Property”) situated in Windmill Lane, Ockhurst, Surrey.
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |