Court Case discussion Problem Damage of Painting.

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Case Problem:          

Lopez was not refunded his remaining amount of his sold painting that was $6,000. His worthiest and most beautiful  paintings are damaged due to the negligence of museum. Mramar Museum is non-profit organization and there is no policy of insurance. Lopez has no insurance either of his paintings. But according to the lawsuit, organization could be sued.  Lopez wants to sue museum for re-compensation of damage and refunding remaining amount. Amount is not the major concern for him as he is already well off. But he has so many emotions with his paintings. He asked lawyer to negotiate first if the case settled down.   

Negotiation:   
Lawyer negotiates disputes in disparate areas of law. whether or not one was negotiating plea bargains, company disputes or personal injury actions, AN omnipresent method emerges: it had been a technique of the resolution of disputes or modification of the establishment between disputants through compromising their legal positions or exchanging another social, economic or psychological interest or price with the highest of mutual profit. Negotiation is therefore basic on be an area of attribute. Generally, booming negotiation needed 3 basic prerequisites:    
(1) the problem was negotiable-subject to compromise or solution; 
 (2) the negotiators were interested in giving likewise as taking, therefore purposeful exchange will occur (3) the negotiating parties trusty one another to some extent, though solely on the basic issue: compromise or the accommodation of interests is additionally useful to every parties.  
                                                Negotiation regarding Case
Lawyer: You are charged with the refunding of $6,000 dollar as you handed over the painting before refunding the remaining payment from client that is a serious thing for artist community. Artist community has law not to hand over painting until you receive complete payment.                   
 Manager: Yes, you are right. But he showed us the receipt of down payment.                   
 Lawyer: You said that he showed you the receipt of down payment. So you were already told by Mr. Lopez that he has received just half f the payment first that was $10,000 and after that he received $4,000 and he informed you about the remaining payment of $6,000. Did you not know?              
 Manager: Well, ummm [Confused], that was my mistake for not paying attention towards this thing.                  
Lawyer: So, if you pay him or refund his payment from the client on your behalf, case will be ended here. It will not be taken to the court. But if you do not do single thing among both, you will be sued to the court and then you will have to pay the penalty.                       
 Manager: No, no, sir I will refund it from the client even if I will have to sue him for that. You know that our museum is non-profit institute. We are not able to pay this amount by our own. But I will re-compensate amount by client.        
Lawyer: Well, alright. But the main problem is yet to be solved.                
Manager: What is that sir?    
Lawyer: Damage of the paintings. You must be aware of all the damages when you knew that you do not have any insurance.            
Manager: But sir there is no law to sue us for this matter.  
Lawyer: According to the Civil Code§§ 1738-1738.9 if you have no insurance but due to the negligence of institute, member has to suffer. Then member can sue you. And you have to pay.  
Manager:  but this is not our fault. Pipes were damaged and burst out. It damaged the paintings.
Lawyer: It as your responsibility to have check upon all the technical faults.         
Manager: We have checked all. It was unchecked by mistake.       
Lawyer: These lame excuses are not enough to repay the efforts and time of Lopez. Do give us solid reason and penalty otherwise in this matter you will be sued because my client is so serious and anxious regarding this matter.
Manager: What could we do sir?     
Lawyer: bring him insurance or pay him for all the paintings.        
Manager: Sir this is not possible for us.       
Lawyer: then be ready for court.      
Manager: No, no, we will bring an insurance for all the paintings. We can sort it out through social working organizations and bring him insurance.         
Lawyer: Ok, then alright.      

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