Tyre supply contractBreach of contractAbsolution from the instanceThird party suppliers
Tags
Contract lawSupply agreementAbsolution from the instance
legislation
Statutes Cited
None - no statutes were cited in this judgment
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether there is evidence upon which a reasonable court might find for plaintiff at close of plaintiff's case","issue_type":"procedural","dispositive":"yes","related_facts":"All evidence adduced by plaintiff"}
{"issue_text":"Whether defendant acted as principal or agent in tyre supply agreement","issue_type":"mixed","dispositive":"no","related_facts":"Defendant received payment, contracted with Solution Motors separately, never disclosed third party initially"}
{"issue_text":"Whether there was privity of contract between plaintiff and Solution Motors","issue_type":"law","dispositive":"no","related_facts":"Solution Motors first contacted plaintiff months after agreement, plaintiff consistently dealt with defendant only"}
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background
Facts of the Case
Background
The plaintiff paid Z$2.75 trillion for 2,200 tyres to be delivered by defendant by 21 March 2008. Only 200 tyres were delivered. Plaintiff sued for delivery of balance or US$200,000 representing current market value. Defendant claimed it merely sourced tyres from third party Solution Motors as plaintiff's agent.
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