On Tue, 14 Sep 2004 22:08:36 +0100, Conor
wrote:



Its an automated system FFS. Some warehouse monkey failed to update the
stocklist so it showed as available when it didn't exist.

How many times have you gone into a shop to find an advertised item is
unavailable? Have you taken them all to court? No, thought not.

Connor,
It's not quite the same thing though.

Go into a shop and ask for one of those lovely widgets in the window.
Assistant comes back, "sorry, we've sold out". An offer has been made
but not accepted so there is no contract.

In this case, a contract was formed when DABS took the money. It
doesn't matter why DABS can't fulfill their side of the contract, it
exists.

The OP's only "rights" are to be restored to the position he would
have been in if the contract had been fulfilled. If it cost the OP an
extra £100 to purchase a second-hand computer OF EXACTLY EQUAL
QUALITY, he would be entitled to recover that sum via the small claims
court.

The real problem for the OP of course is proving that the replacement
IS of exactly equal quality to one that didn't exist. Not very easy!

My gut feeling is that DABS have acted reasonably in the circumstances
and that the OP is going to have put in an awful lot of time and
effort for very little reward.

So TooFatToSurf, are you annoyed enough to go through the hassle?

Regards
vj