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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69356
Experience:  Over 5 years in practice
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Hi, I took to the tailor a skirt to be shorten and when I

Customer Question

Hi,
I took to the tailor a skirt to be shorten and when I when to pick it up it had 2 wholes.
THe tailor says it was already like this when I took it to to him, but it wasn't, the skirt was new.
It's my workd against his, is there anything I can do?
Do thy should have an insurecen that cover damages?

Thank you,

Ema
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

Can you show a recent purchase? Do you have the receipt?
Customer: replied 3 years ago.

Hi,


No, i do not have the receipt anymore unfortunately.


 


Thank you

Expert:  Jo C. replied 3 years ago.

Thanks for the information.

I am sorry but I cannot give you good news then.

Of course, it is your word against his but if you sue at the small claims court you will have the burden of proof so its likely you would lose on that basis.

You don't need to raise very much evidence to satisfy the civil burden of proof. Recent purchase evidence - even a debit transfer to the seller might assist.

A recent purchase doesn't prove it wasn't damaged but it does give rise to the inference that it was not which is all you need to do at the small claims court.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.
Customer: replied 3 years ago.

Hi,


Thank you for the answer. To my question if they should have by law an insurance that covers damages, is that that case?


 


Thank you

Expert:  Jo C. replied 3 years ago.
No. There's no legal requirement for that. But they would be liable personally if they did not which generally they would want to avoid

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