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#151
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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. You must be joking. I've quoted it above. At no point did I mention road numbers did I so why did you? I believe knowing them is all part and parcel of navigation. Unless you happen to be local and/or have a street map then directing without them is difficult. It's not unusual for older/larger cities tend to have several main roads with the same name, which might once of been part of the same road but been split by urban development. Roads called "London Road" or with the names of adjacent towns are common and sometimes duplicated. I live on a main road in/out of town and regularly get stopped and asked for directions; the people asking rarely have more than an UK road map and an address. If the address isn't close by it'd be difficult to give directions they were able to follow without referring to road numbers. 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. Ok, fair enough, point taken. If I did happen to drive for a living I would probably invest in GPS. That said, it wouldn't be helpful with your examples, but at least you could just call and ask for their postal code - I'm sure even the dumbest receptionist could manage to provide that. -- iv Paul iv |
#152
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In article , TooFatToSurf
writes I am sending them a letter giving them the opportunity to complete the contract within 14 days. If they do not, I shall buy the computer elsewhere and issue a small claims summons for the amount I am out of pocket due to their breach. Let me get this straight. You claim you have a contract with Dabs for the supply of a used laptop, and that as they can't find said laptop they're in breach of contract. This is quite obviously an honest error on their part and they've simply refunded the money to you, which is perfectly reasonable IMO. You, OTOH, find this anything but reasonable and are harking on about how Dabs must stick to the letter of the contract and supply said laptop. Except you're not, are you? It's blatantly obvious that you're after a brand new laptop from Dabs for the price they quoted for the used one. Despite all your ranting about the contract being broken, you don't actually want them to fulfil the original contract at all, which was for the supply of the used laptop, you want them to "compensate" you by supplying a brand new one for the same price. Stop ranting on about "justice" and just admit you're being greedy. -- Toby |
#153
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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 |
#154
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On 2004-09-20, Vittorio Janus wrote:
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. Good grief, is this thread *still* going :-) Well, against my better judgement, here's a few points to add to the mess. While in general the parties would be bound by the terms of the contract, there are circumstances where such a contract cannot be fulfilled without either side being held liable for damages. "In Coutourier v. Hastie (1856), the parties made a contract for the sale of a cargo of wheat which, unknown to them, no longer existed. The contract was held void and the seller was therefore not liable for non-delivery." [...] "Taylor v. Caldwell (1863). Here a hall was hired out to the plaintiff for a series of concerts on four named days but was accidentally burnt down before the date of the first concert. The plaintiff's claim for damages (based on wasted advertising expenses) failed as destruction of the hall had frustrated the contract." [Legal Aspects of Insurance, C. Parsons, 1996] Copyright 1996 The Chartered Insurance Institute As far as this case is concerned, I suspect the arguments would centre on the fact that the item offered for sale was a unique laptop, rather than a contract to supply a laptop of a particular model and specification. The reason the laptop ceased to be available may also be of significance. Glyn. (Always happy to muddy the waters further |
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