This post will clarify some legal terms which you may encounter when suing in the Tribunal. These terms may have been explained in earlier posts.
Jurisidiction - the power of the Tribunal to decide claims. The Tribunal can only hear some types of cases depending on the dollar amount and the type of claim.
Enforcement - also known as execution. This refers to the procedures to seize assets of the debtor if he does not pay even after you have won the case against him.
Evidence - facts in support of your case. This may include personal accounts of what was witnessed, documents and photographs.
Hearsay - oral or written reports by persons who are not telling their story in court. Normally, such reports are considered hearsay and not allowed since these persons are not in court to tell their story. This area of law is complicated.
Mediation - a procedure where a 3rd party tries to persuade both parties not to figt their case fully, but to settle it. The settlement may include one party paying some money or correcting certain defects. Note that agreement to settlement is voluntary - either party may decide that they wish to carry on with the claim.
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i think many people rely on the spoken words of the agents/sales person they meet when they are entering into a contract. Especially in the case of customer packages (like True Spa, Yoga or Fitness) where there are many complaints of hard selling, people are promised many things.
ReplyDeleteBut consumers should be reminded of the Parole Evidence rule which gives primacy to the written contract.
I wonder if you could help to clarify if the Small Claims Tribunal can handle cases where there is tort involved in inducing consumers to enter contracts?
Could you also clarify if there is a legal definition of hard sell?
Can a consumer back out of a True Spa package within 10 minutes of her signing the contract? My friend who signed with True Spa and regretted it on the spot within 2 minutes, was told that it was not allowed for the contract to be repudiated by the sales consultant.