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