In this civil action you need to prepare the document to originate the action, called a Statement of Claim.
1. Page numbering is mandatory on all but the first page (numbering is not ever to be included on the first page of a legal document but must appear on the second and subsequent pages in a header).
2. Use properly formatted numbered lists.
3. Prepare the Statement of Claim in Times New Roman, 12 pt. font.
4. The particulars for the Statement of Claim are as follows:
Our client is the Plaintiff in this action and his name is Joshua MacDonald, a homeowner.
The Defendant is World Class Interiors Inc. an elite home décor company specializing in custom orders of rare and exotic items.
The facts of the claim are as follows:
1. THAT on November 2, 2015, Joshua MacDonald (hereinafter referred to as the “Plaintiff”) ordered three identical custom designed crystal chandeliers (hereinafter referred to as the “Chandeliers”) from World Class Interiors Inc. (hereinafter referred to as the “Defendant”) and gave them the specifications he required for the Chandeliers.
2. THAT the price of the Chandeliers, including all applicable taxes, was $69,021.10 (hereinafter referred to as the “Purchase Price”)
3. THAT the Purchase Price was agreed to be paid in one lump-sum payment upon delivery of the Chandeliers to the Plaintiff as per a Financing Agreement dated November 2, 2015 (hereinafter referred to as the “Financing Agreement”) between the Plaintiff and the Defendant.
4. THAT the Chandelier was delivered to the residence of the Plaintiff on January 20, 2016 but upon inspection of the Chandeliers it became evident that the Chandeliers were not built to specifications and could not be used by the Plaintiff.
5. THAT on January 21, 2016, the Plaintiff contacted the Defendant and advised that the Chandeliers were not built to specifications and directed the Defendant not to cash the cheque for $69,021.10 that the Plaintiff had issued in payment for the Chandeliers.
6. THAT notwithstanding the direction by the Plaintiff to the Defendant, the Defendant cashed the Plaintiff’s cheque in the amount of $69,021.10 on January 25, 2016.
Remedy to be sought:
a. A declaration that the Plaintiff is not bound by the terms of the Financing Agreement as despite the problems noted with the Chandeliers upon receipt, the funds were withdrawn against the Plaintiff’s instructions;
b. In the alternative, damages for any amount that the Plaintiff may owe to the Defendant, under the terms of the Financing Agreement, up to the amount of $69,021.10;
c. Damages in the amount of $69,021.10, representing the payment that was withdrawn from the Plaintiff’s bank account on January 31, 2016;
f. Such further and other relief as this Court may deem just.
Type of service: Academic paper writing
Type of assignment: Coursework
Number of sources: 0
Academic level: Freshman (college 1st year)
Paper format: APA
Line spacing: Double
Language style: CA Writer