Your task is to analyse the case study below in approximately 1500 words (+-10%).

Your task is to analyse the case study below in approximately 1500 words (+-10%). Out of
this range your grade will be 50% maximum. The questions outlined below are going to
provide some guidance. You are expected to make use of the relevant academic seminar
material (slides and videos) as reasoning for your explanations and to use facts and law for
your argumentation. In addition, feel free to express your case- and question-related thoughts.
Harvard style referencing is required if you refer to a source that is not listed on any of the
lecture slides. Turnitin will be turned on. Do not copy from each other or from any other
sources. Use the lecture slides for adequate answers. Answer the questions point by
point (eg. (1), (2) etc.) while applying essay form (continuous text and not bullet points).
N.B.! Providing not relevant (“word count hunting”) content will lower the grade.
Format: MS/Open Office Word document. Others (PDF, etc.) will not be accepted.
Make sure to upload the paper on Moodle by due time, preferably much before the deadline.
Late upload will not be accepted and it will result to 0% grade.
Make sure to write your name on the word document you prepare.
Good luck!
The case:
Construction Insulation Co., a production company of insulation materials and your window
manufacturing company endorsed valid, effective and legally enforceable written agreement.
The cooperation started excellently and your vendor supplied high quality insulation sealings
to your top grade windows. Business turnover increased fast in the first year, you entered the
second year of cooperation with a great hope to develop the sales even further in the near
Legal Environment for Managers – Version A
Page 2 of 2
future. Everything went as planned until late April when a large order’s delivery arrived to
your factory with major problems.
At the takeover of the ordered goods your warehouse alerted the management of the following
issue: Construction Insulation Co’s latest delivery’s suffered serious problems. Twenty
percent of the goods had defects, ten percent of the total quantity arrived late. The supplier
reported production error concerning the product quality problem and raw material shortage
regarding the late delivery case. Both were, as the supplier admitted, their fault as they mixed
wrong raw material in their production. The remainder of the goods were shipped without any
delays or defects.
Additionally, and as a consequence of the delivery problems one of your highest turnover
customers could not access their ordered windows in time and due to this they terminated the
contract with you. Therefore, your company lost the entire business opportunity, suffering
great damages.
Prepare the essay analysis. You must answer all of the following questions but you are
also welcome to discuss additional aspects of the case (total: 100 points):
1. Name, what type of contract was entered by and between your company and the
supplier, describe the rules of this contract type in detail. (15 points)
2. Describe the issue in the language of law: explain in the case showing what
happened in the legal relation. State and explain if it is an excused or unexcused type.
(15 points)
3. Analyse the possible actions you can now take in Continental law: name the legal
titles for late and defective delivery you can claim in this case. (20 points)
4. Explain how and where your company can claim the damage (continental law) on the
lost customer issue. List and explain what you are obliged to prove in court in this
case. (20 points)
5. Recommend how to solve the issue the fastest way and with the best possible
outcome. Are there any alternatives besides entering into court litigation? Analyse
what you would do, what the options are, enlisting the possible advantages and
disadvantages. (20 points)
Additionally, in the last part of your work answer one (1) of these 2 questions (10
points):
1. Who is acting on behalf of these companies? Explain with describing the scope of
liability as well.
2. How could a civil wrong become a tort? Use the example of the case: how could it
become a tort if what happened for eg.?

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