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Appealing against the Refusal of the County Court - Assignment Example

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The author of "Appealing against the Refusal of the County Court" paper identifies whether could Samantha appeals successfully against the refusal of the County Court to refer. This case is evaluated and presented by professional arguments is entirely opposite viewpoints in two different lights…
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Appealing against the Refusal of the County Court
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Download file to see previous pages It is obvious from the stated facts that she was aware at all times during the time of the design, construction and the building process itself and the objections raised by her at the time of invoice are absolutely belated. At this juncture, her refusal to pay for the construction, therefore, seems to be a breach of contract.

However, the regulation covers an important aspect of human values since it is concerned with the safety of wild animals and the risks posed to it by the construction of a pool with unsafe parameters. If the sole criterion of this concern for wildlife safety is considered it becomes difficult to associate it with either the location of the pool within an urban or rural area and Samantha’s concern for it seems genuine. In addition, a customer evaluates the finer aspects of construction, which may be a building, or a pool as in this case, only after the project is completed by the construction company as it is difficult to judge certain features with a nonprofessional vision during the process itself. To a general person, such aspects emerge only after he or she is shown the finished product.

From the above two views and arguments, Samantha’s case can be manipulated and presented before the court by a professional legal advisor or lawyer into a favorable one or not favorable one depending on whose behalf he is acting on.

According to the discussions in the European Consumer Consultative Group (ECCG) (September 2007), working under the aegis of Health & Consumer Protection Directorate of the European Commission, a consumer should be protected if he is ‘vulnerable’ i.e. if he does not possess knowledge of certain technical aspects of a matter, he should be given the right to switch the service provider or ask for a change which goes in his favor. As it is the age of strict consumer protection laws, Samantha has a point in appealing against the lower court’s order as she was not delivered the product according to her satisfaction. ...Download file to see next pages Read More
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