Preview

D2 Unit 21 2

Powerful Essays
Open Document
Open Document
3044 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
D2 Unit 21 2
Breach of Contract and Remedies available to Suppliers and Consumers
Statutory protection given to a consumer in their dealings with a business and the remedies available (D2)
Introduction
For the injured party within a breached contract to claim for remedies whether it was agreed on at the time of writing the contract or an decided at a later time, both the injured party and the other party (e.g. a business and a customer) will have to go to court to decide what kind of remedy will occur to the injured party fairly to the proportion to the damaged done.
Courts
There would be cases where without the courts present when there has been a breach of contract, injured party may claim more than the total damaged done or may receive insufficient amount compared to the damaged occurred. To avoid this, the case will be given in court to ensure that based on the breach of contract and the damaged occurred it could be an unbiased solution and done fairly up to satisfactory. Depending on the type of cases of the breached contract, there are three main civil courts where both parties can hear their cases which are the Small Claims court, the County Court and the High Court.
For example if T-Mobile and a customer where in a dispute of the breach of contract, they would apply for a court hearing where the case will give to a judge who will be a case manager for T-Mobile and the customer. Depending on the seriousness and the remedy or the amount the injured party can claim, the case manager will allocate and place the case to the appropriate court to carry out this case. If the dispute were between T-Mobile and an individual customer may be assigned to Small Court as they deal with small claims cases. If the dispute was with T-Mobile and a business, it may be assigned to a County Court as the claims would be higher than Small Courts. If it was with T-Mobile and a multi-million business or a manufacturer / supplier, it may be assigned to a High Court where complex cases are

You May Also Find These Documents Helpful

  • Powerful Essays

    Deals with more serious civil claims of up to $750,000 and serious criminal matters such as armed robbery and rape…

    • 3694 Words
    • 15 Pages
    Powerful Essays
  • Satisfactory Essays

    Unit 1 W300

    • 456 Words
    • 2 Pages

    Claimants in actions for breach of contract and in tort will usually damages as the principal remedy…

    • 456 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    • The purposes and responsibilities of courts are to resolve disputes between governments, entities, corporations, businesses, partnerships, and individuals.…

    • 869 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The courts are where the dispute is settled and justice is administered. There are many different and important people in a court room, they are referred to as the courtroom work group. These people consist of, the judge, the prosecutor, and the defense attorney. The judge is elected and knowledgeable in the law, and whose main concern is to administer the legal proceedings and offer a final decision.…

    • 636 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Lcw1 Vocabulary

    • 7441 Words
    • 30 Pages

    The court takes an active interest in the contents of the contract and makes decisions based on what is "fair" and "right".…

    • 7441 Words
    • 30 Pages
    Better Essays
  • Good Essays

    House Of Commons Essay

    • 649 Words
    • 3 Pages

    Court is “a tribunal presided over by a judge,” where legal meeting are held and evidence regarding the injustice is presented to a Judge and Jury. Where they further decide if a law has been broken and to what extent under the circumstances. Courts are known to be a safe place where legal cases can be heard and people can voice their…

    • 649 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    For civil courts, the case is first heard in the County Court and then may be transferred to a High Court, depending on the severity of the case.…

    • 373 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Magistrates Court Essay

    • 574 Words
    • 3 Pages

    These are called ‘either way’ offences and can be heard either in a magistrates’ court or a Crown Court…

    • 574 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Japan's Civil Law System

    • 2611 Words
    • 11 Pages

    The purpose of civil law is to resolve non-criminal disputes. These disagreements may occur over the meaning of contracts, divorce, child custody, property ownership, either personal, or property damage. Civil courts are a place where decisions can be made to solve problems peacefully. The goal of a civil court is to provide legal remedies that ultimately solve problems. Civil law can be based on state or federal statute or a ruling by the court. In Japan, the different types of civil cases are civil litigation cases, civil conciliation cases, civil execution cases, and bankruptcy cases (Judicial Reform Council, 1999). The Japanese culture view courts as a last resort. They look down on legal contracts and formal written agreements. The Japanese prefer to settle disagreements privately and avoid public embarrassment. Each party must work out disputes between themselves. In accidents, arbitrators are used to determine fault and declare what should be done to settle the claim. Compared to the United States, the number of lawyers in Japan is relatively small.…

    • 2611 Words
    • 11 Pages
    Powerful Essays
  • Good Essays

    In the civil courts the county court is the lowest court; in the country there are around 230 county courts. County courts deal with small civil cases these can be contracts, small claims, fast track claims and multi-track claims. A small track case is usually money which is below £5000, this would be a simple and informal case and usually a county court doesn’t require a jury. For this case legal representation is often discouraged due to the fact that the case is only dealt with a small amount of money. The cases the county courts deal with are usually heard by a circuit judge; in the county court the public are allowed to attend however in family matters e.g. custody over children they are not. This is because of the Children Act 1989 where they will have to keep family matters private and personal. The fast track are cases which are dealt with money which is worth £5000 - £25,000, anything…

    • 912 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Civil Justice System

    • 2219 Words
    • 9 Pages

    The civil justice system is designed to sort out disputes between individuals or organizations. One party, known as the claimant, sues the other, called defendant, usually for money they claim is owed or for compensation for a harm to their interests, like for example the victim of a car accident suing the driver of the car for compensation.…

    • 2219 Words
    • 9 Pages
    Powerful Essays
  • Powerful Essays

    Crap

    • 3118 Words
    • 13 Pages

    Civil matters are heard at first instance (i.e. not appeals) in either the County Court or High Court. The County Court hears all Small Claim and Fast Track cases. County Courts designated as ‘civil trial centres’ may also deal with claims allocated to the Multi Track. Unless the parties agree, cases above £50,000 in value are not usually tried in the County Court.…

    • 3118 Words
    • 13 Pages
    Powerful Essays
  • Powerful Essays

    Juries

    • 2731 Words
    • 11 Pages

    There are two types of cases uses the jury system that is the civil and criminal cases. In civil cases, the jury is to decide the amount of money to be compensate or awarded from the damages. While in criminal cases, the defendant has a right to a trial by jury. Jury can try a case in Crown Court and if the defendant found not guilty, and the trial continue to proceed, the defendant then will be tried before a jury. Jury is to come up with a verdict to decide guilt or innocence without given a reason then judges will decide the suitable sentence. It is the jury…

    • 2731 Words
    • 11 Pages
    Powerful Essays
  • Good Essays

    damages

    • 1433 Words
    • 6 Pages

    Compensation is left for the court to handle; they put a monetary figure to them. The plaintiff must prove that they incurred the loss for the court to asses the damages, but it’s not possible to assess the precise loss. They are determined by the judge. They compensate…

    • 1433 Words
    • 6 Pages
    Good Essays
  • Powerful Essays

    Shaban

    • 9459 Words
    • 38 Pages

    Depending on the nature of the breach, you may have several different remedies available to you. The remedies may be subject to reduction or modification if the injured party has also breached the contract. Damages are monetary awards, and they include:…

    • 9459 Words
    • 38 Pages
    Powerful Essays