Tech Performance, Inc., completes programming and other tech services for Uno IT Products Corporation. When Uno IT’s computer system crashes, it loses $500,000 worth of business and pays $100,000 to have the system reprogrammed. Uno IT announces to the media that the crash was due to Tech Performance’s incompetence and files a complaint in a federal court against the firm. What are Tech Performance’s options in response?

Kindly go through the Explanation.

Explanation:

While responding back Tech Performance who would be referred as a defendant in this occasion may opt for two of the response:

1. Tech Performance to file an answer & defend

The answer filed should include admit of statements and the allegations put across by Uno IT or to simply deny them & set defenses from the defendants part. As by any chance if defendant admits to the allegations filed by UNO computer systems, the judgment will surely be in favor of UNO computer systems. But if defendant denies the allegations then the matter would proceed further as per the guidelines of the federal court, which will give enough time to Tech performance to be prepared with their set of defense statement.

Hence While filing the answers the defendant may file an affirmative defense according to which the defendant will agree to the truth of the complaint but would raise new facts in order to confront that the defendant firm should not be held responsible/ liable for the damage sustained by UNO. The defendant could also deny Uno IT’s allegations and assert a counterclaim stating and proving that the reason of the crash occurred causing loss was due to certain actions from UNO It’s end. Also it may also allege Uno IT for the damage done to the reputation of the Tech Performance.

2. Tech Performance to file a motion to dismiss instead of an answer

The defendant may file a motion to dismiss stating that the motion might contend that even if the facts presented in the complaint are true, their legal consequences such as there is no reason to go ahead with the suit. Other section for this motion includes improper service of process and the court’s lack of jurisdiction. In this case of filing a motion, if the motion is denied the defendant will be given time to file an answer and if its granted, Uno IT will be given time to file an amended complaint.

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