Tina Tippett Case Summary

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1. The plaintiff is Tina Tippett, C.O.B as Trek Travel Co.
2. The defendants are John Looney and Sally Tunes.
3. The burden of proof is on Tina Tippett, the plaintiff in the case. Tina Tippett is obligated to prove all elements of her claim, against John Looney and Sally Tunes, to the court. In a civil matter the plaintiff is required to prove that the defendants are liable, and therefore the defendants do not have a burden placed on them to refute the facts of the plaintiff’s case. In addition, the defendants are not required to submit their own evidence.
4. In a civil matter, the standard of proof is weighed on a balance of probabilities. The trier of fact (judge) must consider all evidence submitted by both parties and render a verdict based on which party has successfully proven their case. The case is being decided on a balance of probabilities because the defendants do not face any jail time.
5. The court must determine if there was a minor breach of contract by Tina Tippett when she failed to meet the specific terms of the contract that John Looney and Sally Tunes signed. John Looney and Sally Tunes originally contracted Tina Tippett to provide the following; …show more content…
The couple contracted Tina Tippett as the most affordable option. The quotes from the other agencies had no effect on the price Tina Tippett offered, or on the contract that John Looney and Sally Tunes signed. In addition, there was no dispute over how much Tina Tippett charged.
Breach of Contract/Duty of care Friends comments John Looney and Sally Tunes were warned by friends to watch out for potential travel agent scammers. The evidence is hearsay if the friends are not available for cross examination in court and if their comments are being presented as factual. Also, the evidence is not relevant as it does not prove any issues relating to the

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