I am not an Illinois lawyer, so the following is just my opinion:
(1) Depends on whether you have personal knowledge of the events involved in this case. In other words, did you see or hear about these things first hand (as opposed to having someone else telling you about this)? If so then yes. If not then probably not. However, you can still probably be a witness to the "character" of the couple.
(2) They can testify to things that they saw and heard first hand (i.e. that they drove the couple to the shop). They can also be character witnesses.
(3) I guess this is the main problem with the case: to a certain extent, the shop is right. The fact that the part did not arrive might not be their fault -- it might be the fault of the part provider. You will need to see a copy of the contract to determine what it says, and whether there is a provision in the contract that covers this situation.
My experience is that, in many of these contract, there will be a provision that says that the shop is not liable if the delay is caused by a third party. If there is a such clause in the contract, then your friends will probably lose.
But if there isn't a such clause, then you might want to consider arguing this: the shop had breached the contract with the couple by failing to perform. The shop committed a "material breach" of the contract by failing to perform the contract within 3 weeks (as promised), when 2 months time had elapsed. Explain to the judge that, to this couple, "time is of the essence" and that they needed the vehicle to work and do daily household chores. I think the judge should understand.
(4) Depends on what the contract says and whether it provides for attorney's fees. It is very possible and quite likely that there is a clause on this in the contract.
(5) Another thought:
In addition to "breach of contract," you might want to consider adding another claim under the "Illinois' Consumer Fraud Act," which is something designed to protect consumers. You can see a copy of it here:
http://www.consumerlawclass.com/statutes/815ilcs505.html#2
You could possibly recover attorney's fees by alleging the Consumer Fraud Act.
Good luck to your friends!
(1) Depends on whether you have personal knowledge of the events involved in this case. In other words, did you see or hear about these things first hand (as opposed to having someone else telling you about this)? If so then yes. If not then probably not. However, you can still probably be a witness to the "character" of the couple.
(2) They can testify to things that they saw and heard first hand (i.e. that they drove the couple to the shop). They can also be character witnesses.
(3) I guess this is the main problem with the case: to a certain extent, the shop is right. The fact that the part did not arrive might not be their fault -- it might be the fault of the part provider. You will need to see a copy of the contract to determine what it says, and whether there is a provision in the contract that covers this situation.
My experience is that, in many of these contract, there will be a provision that says that the shop is not liable if the delay is caused by a third party. If there is a such clause in the contract, then your friends will probably lose.
But if there isn't a such clause, then you might want to consider arguing this: the shop had breached the contract with the couple by failing to perform. The shop committed a "material breach" of the contract by failing to perform the contract within 3 weeks (as promised), when 2 months time had elapsed. Explain to the judge that, to this couple, "time is of the essence" and that they needed the vehicle to work and do daily household chores. I think the judge should understand.
(4) Depends on what the contract says and whether it provides for attorney's fees. It is very possible and quite likely that there is a clause on this in the contract.
(5) Another thought:
In addition to "breach of contract," you might want to consider adding another claim under the "Illinois' Consumer Fraud Act," which is something designed to protect consumers. You can see a copy of it here:
http://www.consumerlawclass.com/statutes/815ilcs505.html#2
You could possibly recover attorney's fees by alleging the Consumer Fraud Act.
Good luck to your friends!
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