Ms. Duyen has suffered a permanent mental problem for many years. She has had a lot of difficulty in memorizing new things. Her condition is however not obvious to people who talk to her. She was living in Sai Gon and was planning to marry on August 7, 2018. She was looking for an exquisite wedding dress that would make her look glamorous in front of 1,400 guests. She traveled across Vietnam to attend bridal fairs, and visited boutiques in all the major cities but to no avail. Finally, in May 2018 she found the dress of her dreams with real pearls sewn onto the sleeves and around the neck at the shop "AMI Wedding". The dress was made by “AMI Wedding” from textiles imported from China. The dress only cost $3,500. However, some alterations were necessary, so she agreed to meet with Mr. Huy, the owner of "Stitch Inc.", for a fitting. Mr. Huy was associated with "AMI Wedding" as the shop was owned by his long-time partner.

At the fitting, Mr. Huy remarked that the dress was beautiful but needed a lot of alterations in order to accommodate Ms. Duyen's figures. He suggested that the dress was too long and that the shoulders had to be taken in, and the bustle was also too long. He did not specify any date of completion but it was obvious that it would have to be done before the wedding date of August 7. He also said that she would need to pay $380 to cover the numerous alterations. While having the conversation with Mr. Huy, Ms. Duyen realized that there were many apprentices at the store. Worrying that the alterations could be done by an apprentice, Ms. Duyen asked Mr. Huy that “Can all of the alternations be done by you yourself ?”. Mr. Huy responded that “Sure, I am going to do all of the alternations”. Ms. Duyen also said, “I worry that I would not have time to come and
pick up the dress”. Mr. Huy said that “We will deliver it to you”. Mr. Huy and Ms. Duyen then signed a one- page document specifying the price and the tasks need to be done. At the bottom of the document there was a clause which stated that the store would not be responsible for any damage caused by unexpected situations.
However, since Mr. Duyen was in a hurry, she did not read the whole document. Ms. Duyen went home to make arrangements for the wedding party, leaving the dress with Mr. Huy.

In mid-June 2018, Ms. Duyen was called in for a fitting by Mr. Huy. He said that the alterations had turned out to be more challenging than anticipated due to the unique design of the dress. Ms. Duyen offered to pay an additional $120 to cover some extra work hours and to ensure that the dress would be finished on time. "Stitch Inc." finally called her on July 6, 2018 to pick up her dress. Ms. Duyen was very unhappy because she thought that the store must deliver the dress to her. Nevertheless, she decided to take a taxi to come and pick up the dress (she had to pay $100 for taxi fares). At the store, she found that Mr. Huy's apprentice was working on her dress. She waited for about two hours for the alternations and ironing to be completed. The apprentice then handed her the dress and accepted Ms. Duyen's cheque. When she got home, Ms. Duyen noticed that the dress
was too large, the shoulders too big, and the bustle not done. The left sleeve was also partly burnt because of overheated ironing. She got really angry and decided to first call her bank to stop payment on her cheque to "Stitch Inc." and then to ask her mother for help in finding another tailor to complete the work on the dress.
Her mother suggested that they flew to Da Nang where she knew a great seamstress who could do miracles in no time.

Ms. Duyen told the seamstress that the dress had to be fixed properly to fit her shape and also has to be done on time for the wedding. It was of the utmost importance that she looked impeccable for her once-in-a-lifetime occasion. The seamstress agreed to take the dress but emphasized that she was very busy and would only be able to finish corrections of the alterations by 30 July. She remarked that the dress was permanently damaged by the previous alterations and that she would do her best to cover up the mistakes that had been made. The seamstress also asked for the full price of alteration, at the special rate of $450, to be paid in advance. Ms. Duyen had an anxiety attack and feared that she would need to cancel her wedding but then accepted the offer from the seamstress. She signed a basic contract that contained the parties’ names, price, completion date (the corrections would be done by 30 July), and a clause stating that the dress would be fixed properly to fit Ms. Duyen’s shape. This clause ended with a footnote (footnote number 5) which was written in very small print specifying that the seamstress would not be responsible where the alteration is done based on Ms. Duyen’s shape.

The dress arrived at Ms. Duyen's home the night before the wedding, and she did not have any choice but to wear it. However, the dress turned into a source of great frustration rather than pride. It simply looked incomplete; it was too tight and too short. Actually, the seamstress measured Ms. Duyen’s shape carefully and wrote down all measurements properly on a note. However, somehow the note was missing; and the seamstress made the corrections by estimation. The buttons of dress also did not line up properly. Therefore, Ms. Duyen spent the whole wedding ceremony under emotional distress. At the end of the party, she started suffering a serious allergy and instead of going on her honeymoon she was taken off the plane on a wheelchair and taken to the emergency ward of Cho Ray Hospital. It was later found out that the textile used by "AMI Wedding" was coloured by forbidden chemicals by the China manufacturer, and the chemicals were the reason causing
Ms. Duyen suffered the allergy. The treatment of the allergy cost Ms. Duyen $3000.

A month after the wedding, Ms. Duyen realized that she looked unhappy in most of the wedding photographs. Her desperation turned into a complete nightmare when she received an invoice from "Stitch Inc." asking her to pay $500 for their work on the wedding dress as soon as possible or face a lawsuit. Ms. Duyen has turned to you to explain to her what legal rights and obligations if any, she has towards "Stitch Inc." In addition, she would like to claim money for all her emotional suffering, medical bills, and costs of a wedding party turning into a disaster due to the dress being improperly altered. She feels that she has suffered enough and that somebody should be found liable for all of her losses.

REQUIRED:
Please discuss who can sue whom for what? (All relevant legal issues should be discussed regardless of whether these relevant legal issues are successful cases or not). Do not discuss tort law.

Answer rating: 100% (QA)

Solution Here by studying all this the above situations the one who suffered from the Problam was ms ... View the full answer