A member asked almost 9 years ago

breach of contract

My case is against a trader who provides camera equipments and services. we had a legal contract on email and on invoice sent by the trader on their company letterhead, first installment of the invoice was sent by bank transfer by me before the start of the project, ultimately he didn't provide the best quality equipment as mentioned in the contract which results in capturing bad quality videos and also provided poor service including being late and unprepared for the time of shooting. My Question is how can I sue the person as it had not only affected our project in terms of time and money, even psychologically he is continually harassing our team by demanding more money and threatening us.

Law Advisor Research Team
Researchers at LawAdvisor
Hi there. The law has a number of consumer guarantees that seek to protect consumers’ rights when buying goods and services. It sounds like you, as a consumer, have received services from a business that may have breached one or more of these consumer guarantees.
For example, the camera equipment business was required by law to use an acceptable level of skill or technical knowledge when providing the services to you. From the information you provided, the business may have breached this consumer guarantee by not exercising appropriate skill, resulting in poor quality videos.
Similarly, the business was required to ensure their services were reasonably fit for any purpose expressly or impliedly stated by you. This means that, if it was clear what you needed the videos for and the quality of video you required, then the business was required to meet that standard. If the services were not fit for your desired purposes, then the business may have breached Australian consumer law.

Suggested way forward

If you have suffered loss or damage as a result of the camera equipment business’ services, then you may be able to make a legal claim for damages (such as reimbursement of your deposit and compensation for any other loss you have suffered). You can seek this money directly from the business provider. If they refuse to pay or reach an agreement to settle the dispute, you can take your claim to a formal dispute resolution service or commence legal action.

A lawyer can advise you on your legal options and the best course of action. By pressing the “Take Action” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered almost 9 years ago   Legal disclaimer


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