theoretical question on contract law

jaspertheghost

ok here goes,person signs a contract,the supplier doesn't supply what is stated in the contract and also supplies a substandard service,what course of action,if any, can be sought???

drunkmonkey

It depends on the type of contract. Different types of business have different regulatory bodies.
The next course of action would differ lets say between a bank and a bin company. Is there a specific type of business you want to know about. Legal action would be a last resort.

jaspertheghost

drunkmonkey wrote: »

It depends on the type of contract. Different types of business have different regulatory bodies.
The next course of action would differ lets say between a bank and a bin company. Is there a specific type of business you want to know about. Legal action would be a last resort.

its say,a self employed photographer,who on the contract promised a 3d view of your whole body,but only deliverd a 2d view and your head wasn't in the view

drunkmonkey

No governing body for that industry, you would try and come to an agreement, failing that the small claims court would be the only option. A solicotors letter might be enough to avpid the court route.

jaspertheghost

drunkmonkey wrote: »

No governing body for that industry, you would try and come to an agreement, failing that the small claims court would be the only option. A solicotors letter might be enough to avpid the court route.

ok,but if a civilian wanted to pursue this without a solicitor what would they have to do??? surely if its civil court then a solicitors letter could be avoided??? (if the person cant afford a solicitor) ,once again this is only a theoretical case(for the mods)

drunkmonkey

The letter might rattle the business enough to resolve things outside court. If not going with a letter then you would go straight to the small claims court if the case could be proven.

Procrastastudy

Right I know I'm going to catch hell for this but, pretty please, don't use multiple punctuation it makes the question look daft!

It's important you put the question in context; if this is an exam question you're having problems with you should say - an possibly get a bit of flaming - as the way you'd answer and exam vs a real world answer will be somewhat different.

I'll use this as a plug for the undergrad exam thread but I think it's died. If you post a bit more detail I'll help you the best I can but be warned I'm only doing Contract this year myself!

I see I have you confused with a law student because of your previous thread - my apologies use as many question marks as you like. :P

Have you previously posted ref doing law degree if so PM me if you're looking for the odd case I'll try and help you out. Check BAILII first though. Don't be afraid to be bold and use GCD's library. If you behave you'll get left alone.

jblack

jaspertheghost wrote: »

ok here goes,person signs a contract,the supplier doesn't supply what is stated in the contract and also supplies a substandard service,what course of action,if any, can be sought???

Off the top of my head;

Breach of contract -

Failure of performance and repudiatory breach
Remedies? - specific performance, damages for non-performance, damages for incorrect supply, rejection, potential consequential economic loss, pure economic loss, right to abate and have another perform the work, termination, set off from damages, abatement for loss.

Breach of duty

FAilure to exercise requisite standard of skill and care

similar to contract, may be concurrent duties, doubtful that economic loss is recoverable etc.

Breach of statutory duty,

duties under the sale of goods legislation and the supply of goods and services legislation - you can look that up as I'm doing your homework for you here.

jaspertheghost

cheers all, i`m not a student and this wasn't for an exam.just something that came up in conversation the other night, cheers gcd i will pick your brain every now and again if that's ok...