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You describe entering into an agreement.\
When one party to a contract breaches, the other may file a civil suit to recover for their damages.
how do i go about doing that?
and do you think this is like a case that would be won or can even make it to court?
i know its probably unheard of
Breach of contract suits are very common.
no but i mean for my specific case
its an essay writing service
The first step is to review your written user agreement with the site.
That will tell you if the company breached the agreement.
You need to know the terms.
well i paid for urgent service which they told me it would be done within 10-12 hours
its going on 14 hours now and i still have not received it and i have not been able to contact the company either
Verbal statements generally will not be considered if a written agreement is involved.
no i have it in writing
they emailed me
i paid for it already
Have you reviewed the services written terms of service?
where would t hat be listed?
It should be referenced when you sign-up for the site service.
It was probably a small print user agreement most people do not actually read, but should.
You may need to email the service or search the site.
That will be key to determining your recourse.
Read that agreement carefully.
Also, consider having an attorney read that agreement.
what am i looking for specifically though?
I have to emphasize the importance of that agreement. It probably expressly disclaims all outside statements either written or verbal.
Urgent Orders We give 2-4 hours delivery guarantee. If customers place an urgent order, we will write and deliver the custom paper in a time span of 1 - 24 hours, depending on the deadline selected and specified by the customer.
i copied and pasted that from their site
under terms of service
It is likely that the user agreement agrees to the fact that the "promised" date is not guaranteed.
Also, look for any provision for damages.
The guarantee probably is limited to a refund of the service cost.
That is just a guess.
yeah but what if them not fulfilling my contract results in other consequences , like failure from my class etc.
am i entitled to anything else? and they are also false advertising no?
The company would probably use the agreement to shield itself from liability.
im not sure what you mean
The outcome of any suit would be largely dependent on the terms you agree to under such a user agreement.
The botXXXXX XXXXXne is the agreement is the key. It is possible to argue certain provisions of an agreement are void, but that is speculative.
what's your opinion, do you think i would be successful in arguing my case
I cannot make such a determination. It would be based on the details of the contract you entered into along with whether the failure to timely deliver the document constituted a breach, whether that entitles a party to damages over just the refund, any arbitration clause, any portions of the contract that are unenforceable and various other factors.
This does not mean you should not proceed, but it means you may want to have an attorney examine the whole website along with the user agreement before proceeding with a potential civil suit.
You need that information assessed prior to determining recourse.
If a party breaches a contract, there is no question there is civil recourse.
The issue is whether it would be worth your time and money to pursue.
Does that make sense?
It is not a simple yes or no matter.
how much would this kind of lawsuit usually yield?
I wish I could say. Assuming there are no restrictions to damages in a written contract then any damage resulting from a breach are a potential.
Potentially, all of your damages.
Potentially only the cost of using the service.
i don't know how to put a cost on failing a class though lol
There are ways.
The cost of the course.
The loss of potential income for a delay in graduation.
There are various means.
Of course, this assumes that it was permissible in the course to use such a service.
so when i look for like an actual lawyer, im looking for one that specially deals with breach of contracts right
see thats the thing, i'm not sure it is
If it was not, then disclosure could lead to expulsion.
You should look for a general civil litigator.
They will need to review your course and school policies regarding the use of such services.
yeah im pretty sure its not allwoed
There is a potential, a large one, that the use of such a service is not allowed.
so based on that fact, would that basically ruin my chances of trying to sue?
This, for all practical purposes, could hinder a parties recourse in such a situation due to the disclosure occurring during a civil suit.
u mean i would withdraw the suit
have to withdraw the suit if they figure out i wasn't allowed to use the service for my class?
A different consideration is the enforceability of such a contract. Illegal contracts are not enforceable. Here, it does appear that such services are illegal although they may be unethical from the schools perspective.
The service would be well aware of the fact that the use of the service is not generally permissible.
ahh so like they would probably just threaten to tell my school or something along those lines?
There are many concerns and potential obstacles to such a suit that you would want to discuss with a local attorney before considering going forward. That includes a thorough reading of school policies.
The school may learn of the information from the court records which are public.
ok, so after hearing my problem, and knowing that my school doesn't allow the use of essay writing services, but i do believe the guaranteed me my essay in 12 hours and did not deliver it yet, in your personal and professional opinion do you think i should continue to seek to sue them?
I believe you should weigh the issue carefully.
That is a question only you can answer.
The potential outcome is expulsion.
As such, you would be risking this if you proceed. You need to weigh whether you intend to continue with school.
The loss could be costly both personally and financially.
The likelihood of success is speculative at best.
thanks al ot
If you speak with a local attorney who reviews the involved documents, they may discover other potential causes of action or may determine there is virtually no viable recourse.
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