breach of contractoral agreementpre-cast wallrestitutiondamages
Tags
Contract LawBreach of ContractDamages
legislation
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ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the plaintiff paid the defendant the full amount required for the construction","issue_type":"fact","dispositive":"no","related_facts":"Plaintiff claims full payment made, defendant contends only deposit paid"}
{"issue_text":"Whether or not the defendant is in breach of the agreement","issue_type":"mixed","dispositive":"yes","related_facts":"Defendant failed to complete by deadline, used poor materials"}
{"issue_text":"Whether or not the plaintiff is entitled to restitution, and if so, the quantum thereof","issue_type":"law","dispositive":"yes","related_facts":"Plaintiff seeks full refund, defendant claims partial completion"}
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background
Facts of the Case
Background
The plaintiff entered into an oral agreement with the defendant for construction of a pre-cast wall around his property for ZW$2,300,000,000-00. The defendant failed to complete the work by the agreed deadline of 30 January 2008, using poor quality materials that caused the wall to collapse. Despite written undertakings to complete the work, the defendant failed to do so, leading the plaintiff to sue for breach of contract.
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