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Are Dabs in breach of contract?



 
 
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  #151  
Old September 18th 04, 12:47 PM
Paul Hopwood
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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  
Old September 19th 04, 11:38 PM
Toby Groves
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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  
Old September 20th 04, 01:50 PM
Vittorio Janus
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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  
Old September 20th 04, 06:34 PM
Glyn Grinstead
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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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