📸: Unsplash It took Nakimuli 4 months to save for the ‘Brazilian’ hairpiece she wanted for Valentine’s month. After travelling from work in Yumbe, reached Kampala in the evening and immediately went to Kikuubo to get her ‘dream’ hairstyle. She dropped into Maaku’s beauty salon “your beauty is guaranteed” and sat down. 40 minutes into the saloon work, she dozed off and woke up when the salon lady was done.
She looked at herself in the mirror and rushed to meet her boyfriend. That night, as they were admiring her hair, Nakimuli found that the salon lady had not worked on the middle of her head and had simply covered it up and stolen one of her ‘Brazilian’ hairpieces.
Now who does Nakimuli go to get her money back and her Brazilian hairpiece? Is it the salon or the hair lady herself?
WHAT DOES THE LAW SAY?
The law on sale of goods, does not only deal with selling physical goods, but also with how one person sells their services to another person. For example, if you clean my house, you have sold (supplied) your ability to clean my house to me.
According to the laws of Uganda (especially the Sale of Goods and Supply of Services Act, 2017) whenever a business like a saloon offers services to a person, this must be done with reasonable care and skill. Once a person comes to you for a service and you accept to offer it there is a contract between the twon of you. This means you must offer the service as required, to the required standard and fitting the purpose it was sought for.
In this case, Nakimuli went to get her ‘Brazilian’ hair done and while she slept the saloon lady stole some of it and left her hair half done. That means the salon has not performed as required by Nakimuli, yet she had told them what she wanted and its purpose. The salon breached the contract by not exercising enough care and skill in fully plaiting her hair.
So Nakimuli can sue Makku’s Beauty Salon for breach of contract and non-performance. She can also claim for compensation of the money she had paid or ask the court to order the salon to plait her hair (commonly known as specific performance) or to unplait the part they had already plaited (commonly known as restitution).
Source: BarefootLawyers
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