Question

Brian Humphries, a resident of Wayne, NJ, had electricity provided to his home by PSE&G. Mr. Humphries had always paid his bill on time. After purchasing a large flat screen high definition TV for $3000, and other major appliances for his den, a surge of electricity into his home prior to a loss of power on January 30, 2005, caused major damage to the TV and appliances. After several years of arguing and negotiating with PSE&G, they refused to compensate Mr. Humphries for the damage. On February 2, 2009, Mr. Humphries filed suit against PSE&G for $6000 in Passaic County Superior Court. The plaintiff asserts that the defendant breached their service contract by allowing a major electrical surge, causing damage to his property totaling $6000. The defendant counters by making a motion to dismiss, arguing that the contract was a contract for the sale of goods, and, as such, according to the defendant, the UCC applies, the statute of limitations has passed, and the case should be dismissed.

What is the exact issue? How should the case be decided? Cite any cases or legal theories discussed in class to support your answer.

Answer 1

Solution

In This case is based on the deficiency of service as there is an electrical engineer who caused the damage to the New TV and other appliances of Mr. Brian.

This case, the main issue is that Brain is looking for the compensation of $6000 because his new TV and some other appliances were damaged due to electric engineer. In his opinion, the variation I electric current caused these damages and as the electricity is provided by the PSE&G so the firm has to ensure any kind of engineer in the electricity.

The My opinion is that , the court should ask the company to pay the compensation to Mr. Brain because it is the responsibility of Power full Company to prevent any kind of electric surges which could cause the damages to the equipment of users.

This same to same kind of case can be seen in the Supreme Court of Jamaica where the court gave the judgment against the Jamaica Public Service Company limited to pay the compensation for the damages resulted from the electric engineer.