FULL VIDEO AT THE END OF THIS POST
THIS EXCUSE DID NOT GO WELL IN COURT!
A Fishy Dispute Lands in Judge Judy's Courtroom
Imagine your beloved fish tank.
It's a vibrant ecosystem.
Now imagine it contaminated.
That is the plaintiff's claim.
The Plaintiff Seeks Compensation for a Contaminated Tank
Miss Festival is the plaintiff.
She is suing Mr. Mator, the defendant.
Her husband is also present as a witness.
Miss Festival explains her 75-gallon freshwater tank.
She has had it for 16 years.
It contained various sizes of sicklets.
Some were six to seven inches long.
She ordered 12 fish online from Mr. Mator.
He shipped 13 fish.
One fish was dead on arrival.
Mr. Mator claims she still received the 12 fish she paid for.
Miss Festival disagrees.
She says the main problem is sick fish.
She claims the fish Mr. Mator sent were sick.
They infected her entire tank.
Many of her existing fish died.
The newly purchased fish also died.
She wants the cost of the fish she bought.
She also wants compensation for her contaminated tank.
The Defendant's Long History in the Fish Business
Mr. Mator states he has been selling tropical fish for 27 years.
He has been keeping fish since childhood.
He sells them online.
His website carries over 780 products.
Evidence of the Fish and Initial Communication
Miss Festival shows a picture of the fish that arrived.
She also has a video.
She says one fish was dead.
She texted Mr. Mator within 24 hours.
She sent a picture of the dead fish.
She says he was going to replace it.
She mentions a $35 shipping cost.
The Contract: Terms and Conditions
Miss Festival presents Mr. Mator's website.
She shows the terms and conditions.
She considers this the contract.
Judge Judy reviews the document.
Judge Judy explains that Miss Festival is bound by these terms.
She agreed to them online.
Miss Festival claims Mr. Mator sent sick fish with disease.
She states nine of Mr. Mator's fish died.
Eight of her own fish also died.
Judge Judy Reads the Contract's Fine Print
Judge Judy reads the contract terms aloud.
It guarantees 100% live delivery.
It offers replacement for dead on arrival fish.
The customer must pay for shipping.
The contract states no cash refunds.
It recommends quarantining new fish for 10 days.
Judge Judy emphasizes that Miss Festival did not quarantine the fish.
The contract states the customer is solely responsible for acclimating fish.
They are also responsible for quarantining them.
It releases the defendant from any liability.
Judge Judy states Miss Festival is bound by this contract.
The Husband's Role and the Contract's Authority
Miss Festival's husband ordered the fish.
He spoke with Mr. Mator beforehand.
Judge Judy reiterates that the written contract defines the parameters.
Claims of Sick Fish to Other Customers
Miss Festival claims Mr. Mator has been sending sick fish.
She says he has done this to hundreds of customers.
She states this has happened for 10 years.
Judge Judy responds that Miss Festival should have investigated.
She should have done so before placing the order.
Miss Festival says she had no reason to investigate.
The website looked reputable.
Mr. Mator had been in business for 27 years.
Judge Judy stresses that this is a contract case.
Miss Festival is bound by the contract's parameters.
Judge Judy highlights the contract's suggestion.
It advises not to commingle fish for 10 days.
She explains the contract states no money back.
Only replacement of dead fish is offered.
Miss Festival states Mr. Mator was not replacing all fish.
She says 11 fish died.
Nine of Mr. Mator's fish died within six days.
Judge Judy states Miss Festival has no case.
A Crucial Clause in the Contract
Miss Festival asks if Mr. Mator will replace the fish.
She refers to his contract.
She states she paid $270 for the 12 fish.
Judge Judy reads clause three of the contract.
It states, "If you get an order of fish that you do not approve of, we will replace them."
Mr. Mator tries to argue this clause is about dead on arrival fish.
Judge Judy clarifies it is a separate clause.
She explains clause one is for dead on arrival fish.
Clause three is for an order of fish not approved of.
Judge Judy tells Mr. Mator he has a choice.
He can replace the 12 fish.
Or he can give Miss Festival $270.
Mr. Mator offers to replace the 12 fish.
He also offers to pay $270.
Judge Judy points out the contract says "no cash refunds."
Mr. Mator agrees to a cash refund of $270.
Watch the Full Judge Judy Case Below
See how this fishy tale concludes.
The contract's fine print makes all the difference.
Scroll down.
Press play.
FULL VIDEO
CLICK HERE TO WATCH THE FULL VIDEO
https://www.youtube.com/watch?v=9vP1FFOdkwU
