Lesson Plans - Law

Appealing a lower court opinion:

The Case of: "Shifting blame" - a Thai contract dispute

Fact Situation:

The Lower Court ruled:
The Contract between The Thai Road Builder and The British Manufacturer was a valid contract,
• but since it was in English and the plaintiff said they didn't understand it, it did not apply.
The Court ruled that The Thai Sales Company showed it represented The Manufacturer by threatening to cancel The Contract if The Thai Road Builder did not pay on time.
• The e-mail from The Manufacturer notifying The Thai Road Builder it would cancel the order if payment was not made in 15 days could have been faked.
The Court ruled that the sales brochure advertising delivery of products to Thailand meant The Thai Sales Company was responsible for delivery and should pay the late delivery fine.
Appealing a lower court ruling - Simplified Mock Trail Image credit State of Minnesota
The Sales Company answered:
The Thai Sales Company asked the Court of Appeals to examine closely The Contract between The Manufacturer and The Thai Road Builder
• and consider that The Thai Sales Company was not a signatory and neither gained nor lost from that contract, since it had already been paid out of the non refundable deposit for its service in placing the order from the sales brochure.
• Therefore, its sole role was that of an adviser, and the advice in the e-mail to The Thai Road Builder to pay the balance due according to The Contract to avoid the possible delay or cancellation of the order, was both sound and proper.
The Thai Road Builder had ample time and resources to ask questions in Thai about the English contract or have it translated completely.
• Claiming ignorance of English as an excuse was only made by The Thai Road Builder after it had been fined for not completing the road on time.
The Court's opinion that the e-mail claiming the payment wasn't late may have been "faked" is contradicted by a copy of the check from The Thai Road Builderr which was part of the evidence in the trial and showed the payment was in fact made 45 days later than the contract deadline, confirming that the e-mail was "true".
• Therefore, The Thai Sales Company asked the Court of Appeals to overturn the Lower Court's Opinion and find for the Defendant.
"Appealing a Lower Court Opinion" - A Simplified Mock Trial based on the Canada School Net Simplified Mock Trial Design.

2004 - 2009 The Learning Foundation - LFS Program in Asia