dry cleaner lost shirt

[Isis1]

From "Hadley v Baxendale", holding that Baxendale could only be held liable for losses that were generally foreseeable, or if Hadley had mentioned his special circumstances in advance.

That will pretty much wipe out everything except the actual cash value of the shirt.

It also seems that you were presented with the limit of liability BEFORE they lost your shirt, and you were still standing in their store.

and to top it off, they didn't need your signature. the action of you leaving your shirt with them, is considered agreement.

 

[quintcase]

The owner made a phone call to me 1 day after I left the clothes there asking me what my shirt looked like. And the shirt was supposed to be ready 2 days after I left it in the dry cleaners. So even if I wanted to get my shirt back after 1 day, I couldn't.
Also, their policy does not make sense. Again, is he entitled to kill me if he had chosen to write that on the back of the receipt? I did not sign the receipt either, so it is not a contract.
When he was going to show me the fine print on the back of the receipt, he himself couldn't locate where it was written and took him 2 to 3 minutes to find the phrase!

 

[quintcase]

My only question is will I lose the whole case if the judge thinks that I'm suing for too much ($500), where I only deserve to be compensated for, let's say $60.
Or will I win the case and get $60 instead of the whole $500. Also, if I win the case, will the dry cleaner have to pay the $80 in court/sheriff fees?
What if the judge decides that he owes me only $12.5? In that case, would I still be compensated for the court/sheriff fees by the defendant?

 

[Isis1]

The owner made a phone call to me 1 day after I left the clothes there asking me what my shirt looked like. And the shirt was supposed to be ready 2 days after I left it in the dry cleaners. So even if I wanted to get my shirt back after 1 day, I couldn't.
Also, their policy does not make sense. Again, is he entitled to kill me if he had chosen to write that on the back of the receipt? I did not sign the receipt either, so it is not a contract.
When he was going to show me the fine print on the back of the receipt, he himself couldn't locate where it was written and took him 2 to 3 minutes to find the phrase!

so???

what was written on the back was LEGAL! kiiling soomeone is NOT legal. drama?

you don't HAVE to sign the receipt to accept the terms.

he KNEW was what written on the back. he pointed it out to YOU. because YOU didn't understand or read it yourself!! if you had read the darn thing when it was given to you, you would have known all this already and saved yourself all the mental hassle.

 

[Mass_Shyster]

So even if I wanted to get my shirt back after 1 day, I couldn't.

When were you given your this receipt? Where were you at the time? Where was the shirt at the time?

Again, is he entitled to kill me if he had chosen to write that on the back of the receipt?

No. Even though Shakespeare thought it would be a cool story, a contract cannot have an illegal purpose.

I did not sign the receipt either, so it is not a contract.

The statute of frauds determines what contracts must be in writing to be enforceable. In this case, goods and services under $500 in value are clearly outside the statute of frauds.

When he was going to show me the fine print on the back of the receipt, he himself couldn't locate where it was written and took him 2 to 3 minutes to find the phrase!

But he still found it.

 

[Isis1]

My only question is will I lose the whole case if the judge thinks that I'm suing for too much ($500), where I only deserve to be compensated for, let's say $60.
Or will I win the case and get $60 instead of the whole $500. Also, if I win the case, will the dry cleaner have to pay the $80 in court/sheriff fees?
What if the judge decides that he owes me only $12.5? In that case, would I still be compensated for the court/sheriff fees by the defendant?

the crystal ball is broken. again. my magic 8 ball, says....



oh wait...that seems to be broken too.

 

[quintcase]

Ok. Thanks for the receipt comments. I am going to sue him just to get back at him regardless.

My question is:

Will the defendant have to pay the court fees (and $30 sheriff fees) if the judge decides that he needs to compensate me for $12.5 (according to what is on the receipt)?
Keeping in mind that the dry cleaner did not even suggest to pay me cash for $12.5, and said at most he can give me $50 in store credit which I refused to accept since I would never go there for dry cleaning.

Thanks for your help.

 

[>Charlotte<]

Again, is he entitled to kill me if he had chosen to write that on the back of the receipt?

That's the second time you've used that comparison, so please stop it because it's stupid. Murder is a crime. A business having a specific policy with regard to liability is not a crime.

What you need to understand is this. You think that because a dry cleaner lost your shirt, you've hit the lawsuit lottery and you get to take advantage of his negligence and make $500. You're wrong.

Take the $50.

 

[Zigner]

Ok. Thanks for the receipt comments. I am going to sue him just to get back at him regardless.

My question is:

Will the defendant have to pay the court fees (and $30 sheriff fees) if the judge decides that he needs to compensate me for $12.5 (according to what is on the receipt)?
Keeping in mind that the dry cleaner did not even suggest to pay me cash for $12.5, and said at most he can give me $50 in store credit which I refused to accept since I would never go there for dry cleaning.

Thanks for your help.

You have to demand what you are legally entitled to. Have you ASKED for your $12.50 back?

 

[Mass_Shyster]

My only question is will I lose the whole case if the judge thinks that I'm suing for too much ($500), where I only deserve to be compensated for, let's say $60.
Or will I win the case and get $60 instead of the whole $500.

It is not an all-or-nothing thing. You will get whatever damages you prove the defendant is liable for.

Also, if I win the case, will the dry cleaner have to pay the $80 in court/sheriff fees?
What if the judge decides that he owes me only $12.5? In that case, would I still be compensated for the court/sheriff fees by the defendant?

In Massachusetts, costs are added to the judgment by statute. I don't know about your state. Like I wrote earlier, if it is up to the discretion of the judge, you may want to avoid looking looking greedy. Two attorneys have told me that "Pigs get slaughtered".

 

[quintcase]

I asked him for cash instead of store credit, without specifying the amount. And he repeatedly said no, and said that he can only give me store credit. He then said he would give me store credit for $50, instead of $12.5 because the shirt was expensive. He never mentioned that he would give me anything in cash.

 

[>Charlotte<]

When you throw up all over yourself after realizing what all this nonsense cost you in time and non-reimbursable expenses, you can use the $50 credit to dry clean your shirt.

 

[quintcase]

I think my main question is "will I be considered a winner if the judge rules that he owes me $12.5 in cash, give that the defendant never suggested to settle the issue with giving me cash and always talked about store credit"?
The back of the receipts reads: "The company's liability with respect to any lost or damaged article shall not exceed 10 times our charge for processing it".
So there is no mention of giving store credit even on the back of the receipt!

 

[Mass_Shyster]

When you throw up all over yourself after realizing what all this nonsense cost you in time and non-reimbursable expenses, you can use the $50 credit to dry clean your shirt.

This place only charges $1.25 to clean a shirt. He can have it cleaned forty times!!!

 

[Zigner]

I asked him for cash instead of store credit, without specifying the amount. And he repeatedly said no, and said that he can only give me store credit. He then said he would give me store credit for $50, instead of $12.5 because the shirt was expensive. He never mentioned that he would give me anything in cash.

Send a certified letter, return receipt requested (along with a copy in regular mail) asking for the $12.50 to be paid in cash. (This is a non-reimbursable expense)