Issues On A Contract

3 Pages 821 Words

In accordance with the law, the Buyer and the Seller have several ways to go about in resolving their disputes. One way to go through the legal system is through a civil trial, where both a judge and a jury preside. The Buyer and the Seller in this case are the plaintiff and defendant, respectively. The plaintiff (Buyer) who is suing the defendant (Seller) for compensatory and punitive damages is accusing the defendant of running him out of business by a breach in the contract. The plaintiff states that since the gasoline weren't delivered to the gas stations, he had to ultimately close down the business. Both the plaintiff and the defendant should hire attorneys with extensive experience in these matters. Once that matter is settled, both plaintiff and defendant should appropriate all the necessary evidence to their attorneys. Evidence can reside in many forms, such as witnesses, documents, and experts. The plaintiff should be aware that the "Burden of proof" lies upon them, and they will be required to show a preponderance of evidence if the case is to be won. The defendant and the plaintiff can also claim "Discovery" in which both parties can see each other's witnesses, experts, documents, and any other form of evidence before the start of the trial. The jury at the trial will only be looking at the evidence and thus deciding on a verdict based on the facts. When the jury verdict is not based on evidence, the judge has the power to set aside the verdict and make a judgment on his own. The judge's duty is to uphold and define the law, and as stated earlier will also set aside an unreasonable verdict. Both parties should also be aware of another power that the judge holds, which is known as Equity, if a judge proclaims equity then he as the power to take control of the case, because of the unfairness that exists with in the case. Through this the judge can disregard or up hold the law, in which where justice will prevail.
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