PERTEMUAN KE 5: Remedies for breach of contract

Mata Kuliah : BAHASA INGGRIS 4

Dosen Pengampu: GUNTARTO WIDODO, SH. MH.
Nama Mahasiswa : Fani Dwi Oktasetiani
NIM
: 2014020509
Pertemuan
: 5
RINGKASAN MATERI TOPIK 5 :
1. A company that manufactures and distributes dietary supplements
assures customers that their weight loss formula is a safe and effective
way to lose weight, advertising the supplement as an all natural, and
completely safe supplement. Amanda, who believed the companys
claims, took the supplement for 30 days before becoming violently ill. Her
doctors determined that at least one of the substances contained in the
supplement reacts with a number of prescription medications, one of
which Amanda was taking, and thus caused her serious illness.
Amandas medical bills amounted to nearly Rp 50,000.000, prompting her
to file a civil lawsuit against the company to recoup her medical
expenses, as well as lost wages for the two weeks she was off work.
Amanda claims in her lawsuit that the company knew, or should have
known, that the contents of the weight loss formula were likely to react
badly with certain prescription medications, and that they should warn
consumers.
At trial, the company insists it has not broken any laws or regulations, and
makes it clear it has no plans to pull the product off shelves, or to alter its
advertising campaign. In the end, the judge rules in Amandas favor,
awarding her compensatory damages (to compensate her for medical
expenses and loss of income), in the amount of Rp 70,000.000.
The court also admonishes the company, making it clear that the courts
opinion is that the company has negligently and recklessly risked peoples
health. The judge then awards Amanda punitive damages in the amount
of Rp 100,000.000, with the hope that a large hit to its bank account will
convince the supplement company to change its ways, to be more serious
about the safety of the supplements it manufactures.
2. There are many types of damages awarded in order to compensate people in
either civil or criminal court cases.
The victim in the criminal assault case becomes the plaintiff in a civil assault
case if he or she decides to sue the defendant for damages (a criminal case
isnt necessary before the plaintiff can sue in civil court). When this happens,
the plaintiff is in control of his or her own case and the state or other public

official is not involved. If the plaintiff wins, the defendant does not receive a
jail sentence or any other type of punishment, but must pay whatever
amount of financial compensation the jury or court orders. Unless the case is
brought in small claims court, an assault case will involve a trial by jury.

Example :
Anton damaged the front door belongs to cherry, then without cherrys
permission, Anton took a motorcycle that she put there, along with the key
that was in the front room table, in this case Anton is already doing damage
which contain criminal elements