Hi I need help with my Civil Dispute Resolution homework.I have added all the details regarding the contract below. I really need help with the questions regarding the defence, and the strengths and weaknesses of the proof of evidence, as well as the steps I could take to find the witness.

You are a trainee solicitor working in your firm's civil dispute resolution department. Your supervising solicitor, Jane Pfeiffer, hands to you a proof of evidence that she recently took from a client, Mr Lionel Raymond (see Document A attached). She also gives you the documents referred to in his proof of evidence (see Documents B and C attached).

1. Explain, including reference to at least two but no more than three relevant decided cases, what law and facts Mr Raymond should rely on when defending Seal & Sons' claim;

2. By reference to the issue that it addresses, assess the strengths and weaknesses of the evidence contained in paragraph 3 of Mr Raymond's proof of evidence; and

3. Briefly explain why steps should now be taken to locate and communicate with Mr Smith.

Scenario:

Document A

Lionel Raymond, builder of 3 Limefield Road, Christlethorpe, Guildshire GU27 4AH

will say as follows.

1. I am a local builder. In April 2020, I was employed by Mr William Smith to do

various jobs at Moss Farm, Christlethorpe ("the Property"). The site was a

derelict farmhouse which Mr Smith was converting into flats. Mr Smith lived off

site. Mr Smith had previously employed another firm of plumbers to install the

plumbing and heating in the Property. However, at the beginning of October

2020, that firm of plumbers told me that they could not deal with the lead work

which needed to be done to the chimneys and roofs of the Property. I think they

told me as I was working on a chimney at the time and Mr Smith was not on

site. They recommended that a local firm called Seal & Sons be used to do

those works.

2. I spoke to Mr Smith the next time when he was on site and informed him of the

situation with the plumbers. As far as I recall this was on 8 October 2020. I also

passed on the recommendation to use Seal & Sons. Mr Smith said that he was

extremely busy and asked me to obtain a quotation for him from Seal & Sons

for the lead plumbing works at Moss Farm ("the Work and Materials"). I agreed

to do that the next day. He never offered to pay me for doing this and I was

happy to do so without any payment.

3. I contacted Seal & Sons by telephone on 9 October 2020. I remember speaking

to their contracts manager, Alison Thornton. I recall telling her that I was a

builder working at the Moss Farm site for the owner Mr Smith. I asked her if she

could visit the site and price the lead work that Mr Smith needed doing. She

came to the site on 15 October 2020. It was about 11am. I pointed out to her

the Work and Materials for which Mr Smith required a quotation. When she

asked where she should send the quotation, I gave her my home address as

Mr Smith had asked me to arrange this for him. But I'm sure I told her that any

invoice should eventually be made out to Mr Smith.

4. Shortly afterwards, Alison Thornton sent a quotation addressed to me by way

of a letter. I'm fairly certain it was dated 16 October 2020. I handed it to Mr

Smith the next day when I saw him on site. He approved it and asked me to tell

Seal & Sons that and to get them on site as quickly as possible to do the Work

for him. I'm sure the quotation had exactly the same information on it as the

final invoice (which is Document B attached) but I cannot now find the

quotation and I assume that at some point I gave it to Mr Smith.

5. I remember telephoning Seal & Sons on 19 October 2020 to accept the

quotation on behalf of Mr Smith and to ask that the Work was done as soon as

possible. I spoke to Alison Thornton. She said that the Work would be done on

29 October 2020.

6. I was on site on 29 October 2020 and I recall speaking on a couple of occasions

to the employees of Seal & Sons. As far as I know they completed the Work. I

certainly expected that Mr Smith would get the invoice. However, at the

beginning of November 2020, I received an invoice from Seal & Sons

addressed to me requesting payment of the sum of 22,631.25. This is Document B. On receipt of this invoice, I immediately went to their offices. I was told that Alison Thornton was on holiday. So, I explained to the receptionist that I was not responsible for payment of the invoice and that it should be sent to Mr Smith. Shortly afterwards, Mr Smith told me that he had no further work for me on site. When I asked about Seal & Sons' invoice he told me that he would sort it out. However, I have just received in the post the court papers from Seal & Sons' solicitors. The particulars of claim are Document C attached.

7. I have made some enquiries about the whereabouts of Mr Smith. He has sold Moss Farm. The new owners have told me that he moved abroad for personal reasons. The mobile telephone number they gave me for him has been disconnected.

Document C

IN THE COUNTY COURT MONEY CLAIMS CENTRE CLAIM NO. 2195153

BETWEEN

SEAL & SONS (a firm)

v

MR LIONEL RAYMOND

Claimant

Defendant

PARTICULARS OF CLAIM

1. By an oral contract made on 19 October 2020, over the telephone, between the

Defendant and the Claimant, represented by Alison Thornton, the Claimant's

contracts manager, the Claimant agreed to supply to the Defendant the following

work and materials, namely fix Code 5 lead to dormers, chimneys, porches

including under copings, abutments from low roofs to main buildings at Moss

Farm, Christlethorpe ("the Works and Materials") for a sum of 22,631.25.

2. The Claimant carried out the Works and supplied the Materials at Moss Farm,

Christlethorpe on 29 October 2020.

3. Payment of the contract price of 22,631.25 was due from the Defendant on 30

November 2020 but despite demands no part of it has been paid.

4. The Claimant claims the sum of 22,631.25 being the amount due to the

Claimant from the Defendant in respect of the Works and Materials.

5. The Claimant claims interest on that sum under section 69 of the County Courts

Act 1984 at 8% per annum, totalling 431.52 (1 December 2020 to 25 February

2021 inclusive being 87 days) and continuing until judgment or sooner payment

at the daily rate of 4.96.

Dated: 25 February 2021.

Banisters LLP

STATEMENT OF TRUTH

I believe that the facts stated in these Particulars of Claim are true. I am duly

authorised by the Claimant partnership to sign this statement.

Signed: David Seal

DAVID SEAL, Senior Partner of the Claimant Firm

The Claimant's solicitors are Banisters LLP of 17 Cross Road, Christlethorpe,

Guildshire GU1 4DZ. DX: 1032 Christlethorpe (ref: LR/S&S/.843) whose address is

the Claimant's address for service.

TO: the Defendant and the Court Manager.

Document B

SEAL & SONS

THE PLUMBERS FOR GUILDSHIRE

27 Verdun Road

Christlethorpe

Tel: 01896 111 4569

24 Hour Answering Service: 01896 111 9876

Vat Reg no. 277 5514 01

29 October 2020

To: Mr L Raymond

3 Limefield Road

Christlethorpe Guildshire GU27 4AH

INVOICE NO: 151075

(AS PER OUR QUOTATION)

To supply and fix Code 5 lead to dormers, chimneys, porches (including

under copings) abutments from low roofs to main buildings at Moss Farm,

Christlethorpe

22,631.25

Due for payment by 30 November 2020

Any help will be greatly appreciated as I am struggling a lot!