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Judical practices and cases

26 December 2017

Recovery of unjust enrichment

Результат:

The claim settled in part

Point of argument

Recovery of unjust enrichment and the borrowed funds usage interest under the supply contract.

Plaintiff’s case

The pharmaceutical company entered into an agreement for the supply of pharmaceutical products. The contract defined the conditions for the supply of goods, its volume and price in the context of each item. The Plaintiff paid the invoice. However, because of the failure to deliver the goods in full, the Plaintiff decided to exercise his right to file a claim demanding reimbursement of the delivery prepayment cost, interest for using other people's money, legal representatives’ fees, as well as costs associated with ordering the missing quantity of products from other supplier at a higher price.

Defence

The Defendant pledged to fulfill his obligation within the specified time in full. Did not present counter-claims and response to the claim and ignored the trial.

Problem solution stages

  • analysis of the prospects for solving the conflict;
  • preparation of letters of claims;
  • preparation and filing of the claim and related documents to court.

Court judgement

The court partially upheld the lawsuit (rejected recovery of legal costs).

Lawyers from the legal bureau recovered in court unjust enrichment as well as interest for using other people's funds under the contract for the supply of pharmaceutical products from the unscrupulous supplier in favor of the buyer.

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