Legal Scenario... Please see details...?
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Legal Scenario... Please see details...?
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2 women, who we will call Jones and Smith, are in a legal dispute. They were former roommates and friends. They lived together for six months and recently moved out and parted ways. Jones had a couch at the apartment that she bought three years ago for $600.00. Smith had a cat that scratched the couches causing damage to the bottoms of the couches.
Jones asked Smith to be in her wedding. Smith paid to Jones $100 as a deposit for the bridesmaid dress which went toward the fabric. Smith also paid $200 as a deposit for a bachelorette party in Vegas.
A week before the scheduled Vegas trip, Smith informs Jones she cannot attend the party due to financial reasons. Jones then becomes upset and tells Smith she does not want her in the wedding anymore and she will not be returning her $200 she paid for Vegas. She then informs Smith she owes her $600 for her couches.
At this point, Jones claims Smith owes her $600, which is the price she paid for new couches 3 years ago. She also claims that Smith should not recieve her money back for the bridesmaid dress deposit because that money was for the fabric and is now lost. She also claims that since Smith canceled only a week before the Vegas trip she is not entitled to that money either. Therefore, Jones claims Smith owes her $600.
Smith claims that couches that were bought three years ago for a retail price of $600 are not worth the same as when she moved in. In all likelihood, they are worth less than half, $300. Smith claims that since she was asked not to be in the wedding she is entitled to get back her $100 for the bridesmaid dress deposit. Also, Smith claims she is entitled to the $200 deposit she paid for Vegas because there was never a mention of the deposit being non refundable. Therefore, Smith claims since she paid Jones $300, which is the likely appraisal of the value of the couch disregarding the cat scratches, she owes Jones nothing.
What is your ruling?
Additional Details
This is a real situation, not homework.
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marguerite L
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There are several different issues here which need to be decided apart from each other and there are so many details not presented above that only a judge, with all the facts, could make a decision. Sounds like something on "The People's Court" or "Judge Judy."
Also there may be variations in the law from State to State.
(By the way, I'm from England, where the bride always pays for the bridesmaids' dresses, so any change of plan doesn't cost the bridesmaid any money. I've never understood why in American weddings bridesmaids are expected to buy their own dresses, especially when they are often hideous creations that can't ever be worn again!)
If a member of my family were involved in this dispute I would suggest they avoid going to court. The time involved isn't worth the bother. Smith is out $300, Jones' couches aren't worth $600 anymore (even if they had not been damaged.) So call it even and move on. |
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Esther S
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My ruling: Do your own homework. |
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