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Justice4U
Justice4U, Attorney
Category: Legal
Satisfied Customers: 11313
Experience:  Broad base of legal experience.
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I need to know what category my lawsuit falls under. I want

Resolved Question:

I need to know what category my lawsuit falls under. I want to sue an essay writing service because i was guaranteed that my essay would be emailed to me within 10-12 hours. But i have yet to receive it, which may result in the failure from my class and other consequences. I think its false advertisement, and breach of contract.
Submitted: 3 years ago.
Category: Legal
Expert:  Justice4U replied 3 years ago.

Justice4U :

Hello

Justice4U :

I appreciate your use of this service.

Customer :

good afternoon

Justice4U :

I will be providing you the information you are seeking.

Customer :

ok great

Justice4U :

You describe entering into an agreement.\

Customer :

yeah

Justice4U :

When one party to a contract breaches, the other may file a civil suit to recover for their damages.

Customer :

how do i go about doing that?

Customer :

and do you think this is like a case that would be won or can even make it to court?

Customer :

i know its probably unheard of

Justice4U :

Breach of contract suits are very common.

Customer :

no but i mean for my specific case

Customer :

its an essay writing service

Justice4U :

The first step is to review your written user agreement with the site.

Justice4U :

That will tell you if the company breached the agreement.

Justice4U :

You need to know the terms.

Customer :

well i paid for urgent service which they told me it would be done within 10-12 hours

Customer :

its going on 14 hours now and i still have not received it and i have not been able to contact the company either

Justice4U :

Verbal statements generally will not be considered if a written agreement is involved.

Customer :

no i have it in writing

Customer :

they emailed me

Customer :

i paid for it already

Justice4U :

Have you reviewed the services written terms of service?

Customer :

where would t hat be listed?

Justice4U :

It should be referenced when you sign-up for the site service.

Justice4U :

It was probably a small print user agreement most people do not actually read, but should.

Justice4U :

You may need to email the service or search the site.

Justice4U :

That will be key to determining your recourse.

Justice4U :

Read that agreement carefully.

Customer :

ok

Justice4U :

Also, consider having an attorney read that agreement.

Customer :

what am i looking for specifically though?

Justice4U :

I have to emphasize the importance of that agreement. It probably expressly disclaims all outside statements either written or verbal.

Customer :

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.

Customer :

i copied and pasted that from their site

Customer :

under terms of service

Justice4U :

It is likely that the user agreement agrees to the fact that the "promised" date is not guaranteed.

Justice4U :

Also, look for any provision for damages.

Justice4U :

The guarantee probably is limited to a refund of the service cost.

Justice4U :

That is just a guess.

Customer :

yeah but what if them not fulfilling my contract results in other consequences , like failure from my class etc.

Customer :

am i entitled to anything else? and they are also false advertising no?

Justice4U :

The company would probably use the agreement to shield itself from liability.

Customer :

im not sure what you mean

Justice4U :

The outcome of any suit would be largely dependent on the terms you agree to under such a user agreement.

Justice4U :

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.

Customer :

what's your opinion, do you think i would be successful in arguing my case

Justice4U :

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.

Justice4U :

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.

Justice4U :

You need that information assessed prior to determining recourse.

Justice4U :

If a party breaches a contract, there is no question there is civil recourse.

Justice4U :

The issue is whether it would be worth your time and money to pursue.

Justice4U :

Does that make sense?

Customer :

yeah

Justice4U :

It is not a simple yes or no matter.

Customer :

how much would this kind of lawsuit usually yield?

Justice4U :

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.

Justice4U :

Potentially, all of your damages.

Justice4U :

Potentially only the cost of using the service.

Customer :

i don't know how to put a cost on failing a class though lol

Justice4U :

There are ways.

Justice4U :

The cost of the course.

Justice4U :

The loss of potential income for a delay in graduation.

Justice4U :

There are various means.

Customer :

oh ok

Customer :

good

Justice4U :

Of course, this assumes that it was permissible in the course to use such a service.

Customer :

so when i look for like an actual lawyer, im looking for one that specially deals with breach of contracts right

Customer :

see thats the thing, i'm not sure it is

Justice4U :

If it was not, then disclosure could lead to expulsion.

Customer :

hmm

Justice4U :

You should look for a general civil litigator.

Justice4U :

They will need to review your course and school policies regarding the use of such services.

Customer :

yeah im pretty sure its not allwoed

Customer :

allowed*

Justice4U :

There is a potential, a large one, that the use of such a service is not allowed.

Customer :

so based on that fact, would that basically ruin my chances of trying to sue?

Justice4U :

This, for all practical purposes, could hinder a parties recourse in such a situation due to the disclosure occurring during a civil suit.

Customer :

u mean i would withdraw the suit

Customer :

have to withdraw the suit if they figure out i wasn't allowed to use the service for my class?

Justice4U :

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.

Justice4U :

The service would be well aware of the fact that the use of the service is not generally permissible.

Customer :

ahh so like they would probably just threaten to tell my school or something along those lines?

Justice4U :

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.

Justice4U :

The school may learn of the information from the court records which are public.

Customer :

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?

Justice4U :

I believe you should weigh the issue carefully.

Justice4U :

That is a question only you can answer.

Justice4U :

The potential outcome is expulsion.

Justice4U :

As such, you would be risking this if you proceed. You need to weigh whether you intend to continue with school.

Justice4U :

The loss could be costly both personally and financially.

Justice4U :

The likelihood of success is speculative at best.

Customer :

i understand

Customer :

thanks al ot

Justice4U :

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.

Justice4U :

 




 





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Justice4U :

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Justice4U, Attorney
Category: Legal
Satisfied Customers: 11313
Experience: Broad base of legal experience.
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