Introduction
Businesses have been increasingly selling items that that does not correspond to the properties prescribed by them thus making those items fail to fulfill the customer’s standards. Businesses have been breaching their contract due to negligence, misrepresentation during their presentation of their products through advertisements and sale promotions. Businesses have failed to take care of the customer by omitting their legal obligation or by doing something that was out of their obligation. Courts have been faced by enormous task of handling cases that involves misrepresentation and negligence towards the welfare of the individuals and society as whole (Soulsby, 2002, p. 287). In our case we re looking at case in a court which I have sued a business due to the failure of the item to do the prescribed promises as per the company’s advertisement and the injury it caused to me.
Filing the case
I will file a case in the first place to recover damages caused by misrepresentation of their electronic item through advertisement. Also I will sue to recover damages due to the injury caused by the electronic item.
Summoning of the business
After I (the plaintiff) file the case the court summons the defendant through mailing or delivery of a notification of the case. To the summons the court will attach complaints copy for the business (defendant) to know why I have sued it.
Defendant’s response
After receiving the notification about the suit the business will be given a specified time frame (between twenty and thirty days) to respond to the charges placed on it (Soulsby, 2002, p. 288). In the response the business will give out the defense about my claims. If business will not answer the complaint then the court will issue a judgment that will favor the plaintiff.
Plead by business
A defendant usually uses all means to ensure that the case is dismissed. For instance in my case the business may plead with the court if they believe that I did not follow the instructions as they prescribed on the use of their electronic item thus implicating me in the cause of the injury.
Information gathering and exchange
The two parties exchange information about the witnesses for each party and the evidence they will present. Through discovery the other party knows a witness will give as evidence at the court proceedings so that they may determine the type of questions to be asked (Soulsby, 2002, 288). For instance the business will try to know the cause of injury and magnitude of it. My lawyer and their lawyer will
Trial in the court
Then all the collected evidence is then presented in the court. The court may decide to either use jury or bench trial. In the court I will present my evidence especially through medical report indicating my cause and also magnitude of that injury. On the other side the business will try as much as possible to disapprove my evidence which also be inform of use of witness. The evidence given will be carefully considered in making the verdict by the jury or the judge (Soulsby, 2002, p. 290).
Delivery of verdict
During the judgment, the jury trial’s verdict will indicate what remedies they will offer me as the plaintiff if there is any while in the case of bench trial the judge will give verdict basing on evidence presented and interpretation of the law.
Appeals after trial
Finally if the judgment given does not correspond to the damages I underwent then I can appeal to demand more justice. For instance if the remedy for injury caused by the item is small compared to what I spend for treatment in the hospital I can appeal. Appeal is like a new case through which I have to convince the judge why I deserve more compensation. Then the jury will scrutinize further my evidence before making a further decision (Soulsby, 2002, p. 291). Besides if the business feels that the remedy given to me is more the business as the defendant can appeal so that the amount they will pay as damages is reduced.
Conclusion
Courts have played a bigger role in ensuring that any conflicting parties have settled their disputes. They have been used in every daily activity especially in the matters that concern business where more frauds happen. Finally, courts are important tools to the society although it is everyone’s responsibility to follow the law and morals of the society.
Reference List
Soulsby, M. (2002). Business Law. New York. Barnes & Noble.