UpliftMovers (UM) is a moving company specialising in the relocation of business

Question

UpliftMovers (UM) is a moving company specialising in the relocation of businesses. Titanic Global Octopus (TGO) employs UM to move its office equipment including furniture and computers to its new premises. To do the job within the tight time frame specified (TGO must have its new office installed and ready for business by 9 o'clock on Monday morning) UM agrees to work over the weekend. At 3 am on Monday morning while making the final delivery Monty, UM's driver, falls asleep at the wheel and crashes the delivery truck. Desks and computers fall onto the road and are damaged. When TGO sees the damage to its desks and computers it wants to make a claim against UM. But UM points to the contract which TGO has signed that says, " In the event of any damage by UpliftMovers, or its employees, to any of the client's (TGO's) property being moved, from whatsoever cause and howsoever arising, the total amount for which Uplift Movers shall be liable, regardless of the number of items damaged, shall not exceed $1,000." TGO estimates that the damage to its property is $30,000. One of the computers was a personal computer owned by Karl. TGO has encouraged its employees to use their own computers in order to save costs. The computer was completely destroyed. A replacement computer will cost Karl $2,500. In one of the damaged desks was a ring owned by Lennie. He had been storing it in a locked drawer in his office desk for safekeeping before giving it to his partner on their anniversary. The lock was damaged and when Lennie got his desk back on Monday he discovered that someone had stolen the ring valued at $5,000 REQUIRED Advise TGO, Karl and Lennie as to any claims they may have against UM. Word Limit: 700 words

Explanation / Answer

TGO will have claims only up to 1000 $ as stipulated in the contract. However, TGO can always contest in court of law for demanding more damage on basis of Tort Law to claim more.

Karl will have separate claim from UM of amount of 2,500$ that is the replacement cost for his property as the contract is only between the TGO and UM and not the employee property So UM will be liable to pay replacement cost.

Lennie can recover 5000$ from UM but for this he has to prove that he lost the ring because of the UM direct role or cause.

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