Contract Remedies: Difference between revisions
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== Client problems== | == Client problems== | ||
[[File:Consumer_Law_and_Debt_-_Contract_Remedies.jpg|thumb|275px|right| link=| <span style="font-size:50%;">Image via www.istockphoto.com</span>]] | |||
* Client wants to know what type of award a judge might make if a consumer or credit problem goes to court. | * Client wants to know what type of award a judge might make if a consumer or credit problem goes to court. | ||
== Summary of the law== | == Summary of the law== | ||
When a matter goes to court, the party bringing the action must set out their grounds for asking for a remedy (called the “cause of action”) and the type of remedy they want (this can be called the “relief” the party is seeking). | When a matter goes to court, the party bringing the action must set out their grounds for asking for a remedy (called the “cause of action”) and the type of remedy they want (this can be called the “relief” the party is seeking). | ||
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=== Actions by consumers against creditors or sellers=== | === Actions by consumers against creditors or sellers=== | ||
In most (but not all) '''cases brought by consumers''' against sellers and creditors, the consumer also asks for a judgment ordering the other side to pay money. The consumer is usually seeking compensation for some breach of the credit or sale agreement. For example, a consumer who has paid for goods that turn out to be defective may sue for compensation to make up for the value of the defect in the goods. Or, the consumer may base a case on a separate cause of action. For example, a debtor harassed by a collection agent may bring an action for damages under the [http://canlii.ca/t/84mr ''Business Practices and Consumer Protection Act''] (see the section on [[Harassment]]). | In most (but not all) '''cases brought by consumers''' against sellers and creditors, the consumer also asks for a judgment ordering the other side to pay money. The consumer is usually seeking compensation for some breach of the credit or sale agreement. For example, a consumer who has paid for goods that turn out to be defective may sue for compensation to make up for the value of the defect in the goods. Or, the consumer may base a case on a separate cause of action. For example, a debtor harassed by a collection agent may bring an action for damages under the [http://canlii.ca/t/84mr ''Business Practices and Consumer Protection Act''] (see the section on [[Harassment by Debt Collectors]]). | ||
A money judgment is the most common remedy available to consumers, but it is not the only one. In cases where there has been a fundamental breach of the contract by a creditor or seller, the court may order “rescission”. This is a legal term for undoing the contract and restoring the parties to their original situation. For example, the court may order the return of both the consumer’s money and the seller’s property. | A money judgment is the most common remedy available to consumers, but it is not the only one. In cases where there has been a fundamental breach of the contract by a creditor or seller, the court may order “rescission”. This is a legal term for undoing the contract and restoring the parties to their original situation. For example, the court may order the return of both the consumer’s money and the seller’s property. | ||
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== Related topics and materials== | == Related topics and materials== | ||
See the other sections under contracts: | See the other sections under contracts: | ||
* [[Contracts Overview]]
| * [[Contracts Overview]]
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