A question of Civil/Criminal Law?
Hi guys, I was wondering:
Let's say if person A has a nice jacket, then they buy a new one, and person B says SIMPLY 'can I buy your jacket' (meaning the new one but not specifying), so pays for it, but then realises they were given the OLD jacket and wants to bring up a SUMMARY CAUSE, what would you advise them to do?
Is it right to advise them not to take summary cause, but take 'small claims' instead?
Also:
This is an example of civil law, if i am correct:
In a civil law case, can a person seek a prison sentence for the defender? Or is it only limited to damages (i.e payment).
I am from Scotland!
More Questions From This User See All
Answers & Comments
Verified answer
If you didn't specify which jacket you wanted, you probably wouldn't have a leg to stand on.
In a civil case you cannot seek a prison sentence - only damages.
In the US a summary judgment hardly ever works because the judge will almost always want to hear the merits of the case. If A sues because he thought he was buying the new jacket, and as you stated it was never specified, I think A would loose. In America a contract is enforced based on what the parties reasonably understood to be its terms as well as what a reasonable person in that situation would think. I think it is reasonable to assume the old jacket was for sale and not the new one. Why would a person buy a new jacket and then sell it, presumably at a loss, and wear their old jacket when person B could just go to the same store and buy the same jacket?
There are no prison terms for civil judgments in America. Only the State or the Federal government can put someone in prison.