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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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I recently had some dental work done by Oasis Dental Practice.

Customer Question

I recently had some dental work done by Oasis Dental Practice. This proved to be substandard. The practice do not dispute that the work was not up to standard. I have asked for a refund. Their response is that all their dentists are self employed and that I should seek redress from the dentist who carried out the work.This individual has now retired. My argument is that they do not make it clear at the outset of treatment that their dentists are self employed. I believed myself to be dealing with Oasis. In these circumstances I believe that my contract is with Oasis and that they have subcontracted to the dentist in question. They should reimburse me and seek to recover their loss from the dentist. Who is right?
Submitted: 1 year ago.
Category: Law
Expert:  Alice H replied 1 year ago.
Hello, my name is ***** ***** I am a solicitor based in London. I’ll be happy to assist you with your question.
Customer: replied 1 year ago.
Thank you but could you please just answer the question that I have asked
Expert:  Alice H replied 1 year ago.
Sometimes liability is not always clear cut. If Oasis is disputing liability I would suggest you make a claim against them and the dentist. They will both have indemnity insurance for the relevant period in any event; I would name the dentist as first defendant and make a claim against him for breach of contract and breach of an implied term under s.13 Supply of Goods and Services Act 1982 (failure to exercise reasonable skill and care) and Oasis as second defendant in the claim. They can thrash between themselves as to who is liable and for what sum.
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Customer: replied 1 year ago.
Hello. I thought that your answer rather straddled the fence. My contention is that Oasis are entitled to the framework under which they operate, i.e. to provide facilities and management skill to independent dentists and to claim that users of Oasis facilities are actually contracting with the individual dentist BUT if this is the case then it should be made clear to users of Oasis at the outset. When users visit Oasis dental practice they believe themselves to be contracting with Oasis alone. There is nowhere in Oasis literature or notices in the surgeries which suggests anything but that patients are patients of Oasis. How can this be right?