Are Dabs in breach of contract?

Bagpuss in boots
wrote:

As I have said, a County court does not make law. To do that you
need to go to the High Court, and you don't do that for peanuts.

From what I remember thet High Court is based on beyond reasonable
doubt and County court is based on the most probable given the
evidence, i.e. they are using a bit of common sense.

That's Criminal vs Civil, not which court it is heard in. A criminal
case must be proven beyond all reasonable doubt where a civil case is
based on balance of probabilities.

As the issue in question is contractual, rather than an alleged breach
of any statutory instrument, it actually falls into a third category,
that of common law. The judge in such a case would seek to determine
a fair settlement based on legal practice and precedent.


--
iv Paul iv

On Thu, 16 Sep 2004 21:30:10 +0100, Paul Hopwood
wrote:


"We adopted a business practice which is crap and sometimes doesn't
work" is not a valid legal defence!

"We adopted a system which we have data to show is more accurate than
manual methods and has an accuracy of 99,xx%" is however.

--
Peter Parry.
http://www.wpp.ltd.uk/

Peter Parry wrote:

"We adopted a business practice which is crap and sometimes doesn't
work" is not a valid legal defence!

"We adopted a system which we have data to show is more accurate than
manual methods and has an accuracy of 99,xx%" is however.

Wouldn't alter the fact they've taken the money *before* confirming
availability of the goods, which may be the difference between them
having simply taken an order and their having entered a contractual
obligation.

Just because 99% or whatever of orders go without a glitch it doesn't
mean they're not contractually obligated, which was my point.

--
iv Paul iv

Conor wrote:

Receptionist: "Good morning, XXX company. How many I help you?"
Me: "Hello, my name is Conor Turton. I'm bringing you a delivery from
YYY company. I'm currently on AAA Rd. Could you tell me how to get to
you please?"
Receptionist: "I'm sorry, I don't know the directions. Please hold,
I'll transfer you."

..so I get transferred to several departments and not one person
answering the phone knows the directions from a mojor road running
through the town their company is in. How the hell have they been
getting to work for the past few years? Teleporting? And you ask them
that very question with the inevitable reply "I don't know how to get
here."

I honestly don't see why you find that so incredible.

Most people probably don't know nor have any reason to know the
numbers of the main roads. Even if they use the road daily they
probably know where it goes and how to get there so why would they
need to know what number it's been designated?

They would probably think of the directions in terms of "turn left a
mile before the office block with the funny looking windows, after the
garage opposite the phone box". They're no more stupid than you are
for your likely ineptitude to follow directions of that nature.

You happen to drive a lorry so such things are important to you and
thus probably know the road numbers in your locality, but other people
have their own motivations and experience and thus see and think about
things in different ways to you. If you were a little more
understanding and tolerant of that you'd probably lower your blood
pressure and live longer! ;-)

--
iv Paul iv

In article , Paul Hopwood
says...
Conor wrote:

Receptionist: "Good morning, XXX company. How many I help you?"
Me: "Hello, my name is Conor Turton. I'm bringing you a delivery from
YYY company. I'm currently on AAA Rd. Could you tell me how to get to
you please?"
Receptionist: "I'm sorry, I don't know the directions. Please hold,
I'll transfer you."

..so I get transferred to several departments and not one person
answering the phone knows the directions from a mojor road running
through the town their company is in. How the hell have they been
getting to work for the past few years? Teleporting? And you ask them
that very question with the inevitable reply "I don't know how to get
here."

I honestly don't see why you find that so incredible.

Most people probably don't know nor have any reason to know the
numbers of the main roads. Even if they use the road daily they
probably know where it goes and how to get there so why would they
need to know what number it's been designated?

They would probably think of the directions in terms of "turn left a
mile before the office block with the funny looking windows, after the
garage opposite the phone box". They're no more stupid than you are
for your likely ineptitude to follow directions of that nature.

You happen to drive a lorry so such things are important to you and
thus probably know the road numbers in your locality, but other people
have their own motivations and experience and thus see and think about
things in different ways to you. If you were a little more
understanding and tolerant of that you'd probably lower your blood
pressure and live longer! ;-)

So you're telling me that you live in whatever town you live in, work
at a place in the same town, know where the High St is but can't
describe how to get from the High St to where you work?

Incredible. PLease tell me you don't have a position of responsibility.


--
Conor

Opinions personal, facts suspect.

Fat Freddy's Cat wrote:

[...]

The OP clearly would like a 2nd hand laptop at the price he offered and
DABS accepted, but he has now moved onto something more - compensation
or betterment of some form or another and IMO the first is not
applicable as he has not lost (he is in exactly the same position
financially) and the 2nd is something the court will not entertain.

I admire your attitude, but you've applied it to the wrong case bud.

Clearly, the OP feels that he has lost from his expectations, otherwise
he wouldn't have raised this case. Yes, he's now got an equivalent laptop
but is £250 out of pocket compared to a situation where dabs had delivered
the laptop as promised. Try to buy a new'ish laptop at that discount (as
a consumer without trade privileges). It will be interesting to see the
final judgement.

On Fri, 17 Sep 2004 18:20:49 +0100, Paul Hopwood
wrote:

Peter Parry wrote:

"We adopted a system which we have data to show is more accurate than
manual methods and has an accuracy of 99,xx%" is however.

Wouldn't alter the fact they've taken the money *before* confirming
availability of the goods,

If you are talking about physically holding the goods in your hand
the same is true of almost every (if not all) computerised order
processing system.

There is no law which says they must have the goods before taking the
payment.




--
Peter Parry.
http://www.wpp.ltd.uk/

Conor wrote:

Most people probably don't know nor have any reason to know the
numbers of the main roads. Even if they use the road daily they
probably know where it goes and how to get there so why would they
need to know what number it's been designated?

So you're telling me that you live in whatever town you live in, work
at a place in the same town, know where the High St is but can't
describe how to get from the High St to where you work?

I don't recall telling you any such thing. I was merely suggesting
many people can't and it's not an indication of intelligence, or
otherwise. In my experience most people are crap at giving
directions. Come to think of it most are similarly poor at following
them. ;-)

To answer your question if I happened to know the road (I confess to
not knowing *every* road in the city) the quality of the directions
would depend largely on how well I knew the area and the distance and
complexity of the route.

Incredible. PLease tell me you don't have a position of responsibility.

As it happens I do, but it doesn't rely on my having to direct
intolerant lorry drivers. I would they would both own a map and the
ability to use it rather than wasting either my time or that of my
staff if they lack these tools, which might be considered a core
requirement for someone who drives for a living.

Please tell me you don't have a position which involves you having to
deal with people.

--
iv Paul iv

Johannes H Andersen wrote:
It will be interesting to see the
final judgement.

but we'll never know for one of 2 reasons -

1 - the OP decides not to pursue it
2 - the OP pursues it, loses and doesn't report back

g.

In article , Paul Hopwood
says...

Most people probably don't know nor have any reason to know the
numbers of the main roads. Even if they use the road daily they
probably know where it goes and how to get there so why would they
need to know what number it's been designated?

So you're telling me that you live in whatever town you live in, work
at a place in the same town, know where the High St is but can't
describe how to get from the High St to where you work?

I don't recall telling you any such thing.

You must be joking. I've quoted it above. At no point did I mention
road numbers did I so why did you?


As it happens I do, but it doesn't rely on my having to direct
intolerant lorry drivers. I would they would both own a map and the
ability to use it rather than wasting either my time or that of my
staff if they lack these tools, which might be considered a core
requirement for someone who drives for a living.

You ring companies to find out where they are as a last resort. I've
had PO Box numbers for delivery addresses and had Company name, street
name but no signage on the building on something like Leeds Road in
West Yorkshire which is several miles long running from Huddersfield to
Leeds.

OK then, I assume you've got Satnav so using the following delivery
address tell me what roads the following are on:

Cadbury Trebor Bassett
PO Box 12, Bournville
Birmingham

And number 2:

Grange Storage
Batley
West Yorkshire.




--
Conor

Opinions personal, facts suspect.