Memorandum of Oral Pleading Essay

1616 Words Mar 5th, 2013 7 Pages
Memorandum of Oral Pleading

Parties: Mr de Jong (Claimant) and Mini-Coza (Defendant)

Date and time: Thursday 4th October 2012, 10:00hrs

Judge: Mr. de Vries

The Group: Pasi Lindqvist, Daan Bredenbeek, Nick Bruurmijn and Redmer van Berkum

Overview of the Facts and the Compensation Sought

On the 1st of January 2011 the claimant Mr. de Jong purchased a buggie through a German provider Mini-Coza, who operated in the Netherlands for €275. The buggie was to be used by the claimant’s over-one-year-old son Daan.

According to the product description the buggie was suitable for kids aged one year onwards. The claimant used the buggie in a proper and normal manner on a paved path without any serious obstacles. Regardless of the
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Because Mini-Coza is the manufacturer and retailer of the faulty product, the strict liability principle holds. Therefore indeed Mini-Coza can be considered as being accountable.

The causality principle holds, since there is a causal link reasonably established between the act and the injury caused. This can clearly be established in the case, since the claimant’s son, Daan, got the damages and injuries following from falling down from a broken buggy.

The Compensation Sought Due to the Trauma Suffered by the Claimant’s Wife

According to the Article 6:107/1 of Dutch Private Law, if somebody has sustained physical or mental injuries as a result of an event for which another person is liable, then this other person must compensate not only the damage of the injured person, but also the costs which a third party has made on behalf of the injured person. The council of the claimant suggests, that the post-traumatic state which has occurred to the claimant’s wife because of the faulty product, falls to this category. The post traumatic state has begun directly after the claimant’s wife was present at the time of the accident, and therefore the causality can be established. Because of this post-traumatic state the claimant’s wife has been unable to work and therefore is entitled to the compensation worth of her monthly salary as an account manager, earning €4000 on a monthly basis. This monetary damage has continued for three months at the time of the pleading,

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