Memorandum of Oral Pleading
Parties: Mr de Jong (Claimant) and Mini-Coza (Defendant)
Date and time: Thursday 4th October 2012, 10:00hrs
Judge: Mr. de Vries
The Group: Pasi Lindqvist, Daan Bredenbeek, Nick Bruurmijn and Redmer van Berkum
Overview of the Facts and the Compensation Sought
On the 1st of January 2011 the claimant Mr. de Jong purchased a buggie through a German provider Mini-Coza, who operated in the Netherlands for €275. The buggie was to be used by the claimant’s over-one-year-old son Daan.
According to the product description the buggie was suitable for kids aged one year onwards. The claimant used the buggie in a proper and normal manner on a paved path without any serious obstacles. Regardless of the proper use the claimant’s son (Daan) fell through the floor of the trolley, hurting his head and back, suffering from a concussion and a severe injury, a broken arm. The monetary burden of the medical costs caused by these injuries amounts to €2500. Additional costs have occurred on a rate of €1500 per month, amounting to €4500 during three months. These costs are caused by the fact that the claimant’s wife has been traumatized, thus unable to work or take of her son, resulting to the need to hire a nanny.
The council for the claimant will claim special performance in a form of a new buggie and that the abovementioned costs are compensated by awarding monetary damages.
Introductory Outline of the Pleadings
1. Unfair Commercial Practices - EU Law
According to Directive 2005/29/EC unfair commercial practices are prohibited and raise liability for compensation. The council claims that the act falls within the scope of this prohibition.
2. Contract Law, Special Performance – Dutch Private Law (BW)
Furthermore, by establishing defective performance on the part of the trader, the council claims special performance pursuant to a violation of Dutch Contract Law.
3. Tort Law, Wrongful Act – Dutch Private Law (BV)