Question
Ciel is a first generation Zambian whose parents, Daniella and Arsne were born in the Democratic Republic of Congo. After graduating from secondary school, Ciel
Ciel is a first generation Zambian whose parents, Daniella and Arsne were born
in the Democratic Republic of Congo. After graduating from secondary school,
Ciel decides to "skip" University and starts an antique restoration business
(something he learned about by watching his parents build and furnish their new
dream house). After two years of hard work, Ciel is starting to build a name for
himself among the bourgeoisie of the capital city.
Nosiku owns a small antique shop on Freedom Way. Most of her inventory comes
from tag sales and discoveries in musty garages and abandoned goods in storage
containers. In order to maximize profit, a careful restoration is usually required
before a piece can be sold. She started bringing items to Ciel a year ago and has
been happy with his work thus far.
On February 8 2021, Nosiku brings a very special job to Ciel: a pair of French,
18th century, corner cabinets with marble tops which need some loving
attention.
Ciel recognises the cabinets as the work of Monsieur La-Fraise Lupupa, a famous
artisan of the modern age. Nosiku is confident that, properly restored, the
Legume cabinets could fetch over K80,000, and agrees to pay Ciel K12,000 for his
work, which they agreed would be completed prior to her scheduled July 10
2021 auction.
As July 10 approaches, Ciel becomes increasingly worried. A few weeks after
Nosiku brought him the cabinets, they were smashed to pieces by one of his new
assistants. The reasons are still unclear though the assistant was summarily fired.
Unfortunately, Ciel's insurance does not extend to damage by an employee,
accidental or otherwise.
As of July 10th, when Nosiku calls to arrange for delivery of the completed
cabinets, Ciel has still been unable to bring himself to tell her the bad news.
On July 8th, Ciel can no longer avoid the topic, and finally returns the latest of
Nosiku's series of angry messages. Despite the cordial relationship the two had
enjoyed in the past, Ciel has to endure a stream of epithets and insults, followed
by a threat to sue unless he pays her the K80,000 which she expected the
cabinets would have sold for at auction. Ciel has nowhere close to K80,000 cash
and tells Nosiku this.
By August 1st 2021 the conflict has become more heated. Nosiku's threats to sue
lead her to the law firm of Mulile, Mukelebai & Mwanza, where Temmy Tembo takes
up the case. Temmy calls Ciel and (after explaining that she is representing
Nosiku and suggesting that Ciel retain legal counsel) reiterates Nosiku's threat to
sue if unpaid. The deadline for payment set by Nancy is August 31st 2021.
Ciel assumes a lawsuit is forthcoming and calls you up for some advice. You say
you will email him an opinion shortly. what advice can you give him
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started