BUSINESS CONSUMER LAW

Business Consumer Law

Business Consumer Law

The Case

In January, in preparation for her daughter Lucy's wedding in May, Mrs Lastic agreed to hire Mr Johnson's vintage, white Rolls Royce as a bridal car. She engaged Mrs Kay to take the wedding photographs and Mr Leslie to do the catering at the reception. She explained to each service provider, that she was rather short of money at that moment in time but that she would pay them in full one month prior to the wedding date .A week prior to the wedding, Mr Johnson sold the Rolls Royce to Mildred. He told Mildred that he would only sell the car to her at the agreed price if she ensured that it was available for hire to Mrs Lastic for Lucy's wedding. When Mrs Lastic contacted Mildred the day before the wedding, to ensure that the car would arrive at the correct time, Mildred denied any knowledge of an arrangement to supply her with the car. Mrs Lastic was forced to hire another vehicle, at a greater cost and told Mildred she intended to sue her for the inconvenience caused due to breach of contract! On the day of the wedding, Mrs Kay's camera kept jamming and as a result, the photographs didn't come out due to the film not winding on correctly. Mrs Lastic, Lucy and many of the guests were violently sick and became very ill after eating chicken which, unknown to Mr Leslie, was contaminated with salmonella. Lucy made quite a scene and after screaming her dissatisfaction at all present, vowed to “sue the pants off” all those who had ruined her wedding day for her!!!Advise Lucy, Mrs. Lastic, Mildred and Mrs Kay.

Lucy does not have privity of contract against Mrs Kay, Mr Johnson, Mildred, or Mr Leslie. She could, in theory, sue in tort against Mr Leslie, but that's getting away from the issues.

Tort Law

Tort law is a law that deals with the reparation the damage. But, however, sometimes when the repair thereof is difficult, the law allows the injured party redress by compensation for damages caused. This legal obligation to compensate the damage or repair the damage generated in the bound, normally the intention of never again to commit the act that led to the damaging event not to incur again in unlawful conduct which gave rise to need repair.

In this sense we can say that tort law is also a preventive law, but is not the most representative of the same peculiarity. (Deakin & Markesinis, 2008,123)

Just as the punitive law is set more on the social criticism that deserves the criminal offense and the punishment of the guilty, the private law tends above all to the satisfaction of the injured (Art.112 CP). If the damage is material, restitution or compensation equivalent to compensation for the victim for the harm suffered by the affected property, so the judge must make a calculation or quantification for the satisfaction of the damaged property reported the injured at the time ...