This is a true story.
The year was about 1958, in California, before there were strong consumer laws. Don Higgins owned a laundry and dry cleaning business, in which he used one of the new Volkswagen bus trade vans for his deliveries.
He would pick up dirty clothes from businesses (like restaurants and auto repair shops),
clean them and deliver them back. He liked his Volkswagen van: it had lots of
space to hang the clothes and it got good fuel economy. Up until recently, it had been very reliable. But lately the engine wasn’t running very well. The engine was regularly missing and had low power.
So in the morning, Don took his van to his local auto repair shop. He told them
it needed fixing, maybe just a tune up, and he got a ride back to his cleaning business. Then in mid-afternoon, he went back to pick up his van.
To his surprise, the van wasn’t ready. If fact, the repair shop owner showed Don the engine that was now out of the van. The exhaust valve for number 3 cylinder was burnt, causing the poor running engine and lack of power.
The shop owner said he could have the engine fixed and back in the van in 3 or 4 days. And the bill would be about $400.00. (In 1958, this was a lot of money. Don’s monthly mortgage on his house was only about $120.00 per month.)
Don was very upset. He was so upset that I (Steve McAfee) heard about this
as the little boy who lived next door to Don.
1. From Don’s point of view, what was wrong here? What did the shop do wrong that upset Don so much. (After all, they were fixing his van.)
Don was angry because he thought his van would be fixed in no time and he didn’t know the job will take that long and he just thought it would be something small and he was also angry because he needed the van for his business and if he didn’t have the van there will be no jobs for him no job means no money to pay for his mortgage.
2. From the repair shop owner’s point of view, what was wrong with Don
getting upset at them? What did they do right or wrong?
Well from the repair shop point of view first of all don just told to fix up the car and whatever it needs to get fixed but what he didn’t know that it will take long time to get fixed also the rapair shop should have told him that its going to take long if you wanted to get it fixed maybe ask him before he was going to the job because it was big job and it would take 4 days to get it fixed so don would have nothing to do in those days and also without money that is why he was so upset.
3. What should have been done in this circumstance? If you were Don, what
would you have wanted to be done?
If i was in don position i would took the van to the repair shop and told them how the van is being in lack of power and would asked to take it for a drive and see what the problem could be and once you find the problem how much it going to cost me and how long is going to take because i got business running everyday and paying mortgage of that business so i have to think about all these things before i make my mind up.
When the repair was finished, and Don went to pick up his van, he took the
van and did not pay the whole repair bill. Did the repair shop have the right to
hold the van until they got paid?
Well i am not sure what the law would say about it back then but i would assume the repair shop could have hold on to the van until they paid the full amount of bill because of the all the work they put in to it but don could also say that bring the van back its normal condition like how it was before and then maybe could take his van back but the thing is don just told them to fix up the van and tune it up or what it needs to get fixed so the shop owner does have the right to hold on to the van until it gets paid .
5. If Don took the repair shop to court, what would you have ruled if you were
the judge? Should the repair shop pay for a replacement rental vehicle?
Should Don pay the whole repair bill? Should the repair shop pay Don for lost
business because he could not pick up and deliver clothes to his customers?
Ok if was the judge back then i would say both of the parties were wrong because what don told the repair man was fix it up or it needs a tune up so the repair man thought ok i will just fix it up whatever it need but he should have also confirmed it with don because it was a big so i think don should pay half for the repair and the repair shouldn’t have to pay for his business because it wasn’t his fault so i would say it was both of their faults because don didn’t explain his work states to him.
6. What New Zealand laws relate to this story? What do New Zealand laws
say should have been done in this case?
Perhaps the strongest force behind consumerism is the consumer legislation, which governs so many aspects of the buyer/seller relationship. The current legislation has gone a long way to improving both the rights of the consumer, as well as the rights of the seller.
The Disputes Tribunal
The Disputes Tribunal is a place where people bring disputes before a trained referee and try to reach
Agreement
How the Disputes Tribunal Operates
The two parties are given an opportunity to discuss the issues disputed and reach an agreement.
If they reach agreement, the referee will check what is fair to both parties and make the agreement the
tribunal’s decision.
If they cannot reach agreement, the referee thinks about what is fair for both parties, considers the evidence
and makes a decision, which is legally binding, on all parties.
In each case the referee must consider the:
• Laws relevant to the case
• Evidence which has been presented
• Merits and justice of the case
What you can Claim
• Money up to $3,000 or with agreement between both parties $5,000
• That you don’t have to pay money
• The return of property
• That work be done
• Consequential loss or the indirect loss you suffered as a result of someone else’s actions.
Consumer Advice Service
This service is offered free and can give information and help when consumers have problems with:
• Goods they have bought, i.e.,
- Cars or car parts
- Household goods
- Clothes
• Services they have paid for, i.e.,
- Trade services - plumbing/servicing
- Financial services - hire purchase/loans
- Professional services - lawyers, dentists
- Other services - travel booking, electricity
Answer for question 6 i got it from the PDF file on moodle from unitec Consumerism and Business Responsibilities to the Customer
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