Am I entitled to a refund? - Ann Summers Party

bingo_bango

And of course OP provided her credit card details in return for the promise of goods to come. I would love to see a solicitor make that one fly in front of a judge!

I would also appreciate any links to relevant case law on mental capacity to contract being deferred through drunkenness if anyone has them!

needaspirin

bingo_bango wrote: »

And of course OP provided her credit card details in return for the promise of goods to come. I would love to see a solicitor make that one fly in front of a judge!

I would also appreciate any links to relevant case law on mental capacity to contract being deferred through drunkenness if anyone has them!

Lunatics and drunken persons.

The general rule as to the contract of a lunatic (at all events if not so found by inquisition), or drunken man, who by reason of lunacy or drunkenness is not capable of understanding its terms or forming a rational judgment of its effect on his interests, is that such a contract is voidable at his option, but only if his state is known to the other party. The defendant who sets up his own incapacity as a defence must prove not only that incapacity but the plaintiff's knowledge of it at the date of the contract.

Pollock, Contract, 8th ed., 1911, p. 97; Molton v. Cam-roux, 1849, 4 Ex. 17, 6 R.C. 71; Matthews v. Baxter, 1873, L.R. 8 Ex. 132; Imperial Loan Co. v. Stone, [1892] 1 Q.B. 599; Robertson v. Kelly, 1882, 2 O.R, 163; Murray v. Weiler, 1910, 3 Alta. L.R. 180; Bawlf Grain Co. v. Ross, 1917, 55 CanS.C.R. 232, 37 D.L.R. 620, reversing 11 Alta. L.R26; Conrad v. Halifax Lumber Co., 1918, 52 N.S.R. 250, 41 D.L.R. 218.

bingo_bango

Lunatics....how very PC in these enlightened times:D.

Cheers for the case law needaspirin. Looks like I'll be stuck on LexisLibrary for a while tomorrow!

It's telling that the latest case was 1918 though. I'd be amazed if someone hadn't tried to void using this method in the last 90 years, which is why I'm still of the opinion that such a claim would be laughed out of court these days.

needaspirin

bingo_bango wrote: »

Lunatics....how very PC in these enlightened times:D.

Not my choice of words bingo bango :rotfl: I assure you. However it does seem that the law has not been tested in recent times, but as it is there in 1979 SOG section 3, it must be given credence.

More:

The authorities are scanty; but in Gore v. Gibson (1845) 13 M & W 621; 153 ER 260, it was held that a contract made by a person so intoxicated as not to know the consequences of his act is not binding on him if his condition is known to the other party. It appears, however, that such a contract is not void but merely voidable, for it was held in Matthews v. Baxter (1873) LR 8 Ex 132 that if the drunken party, upon coming to his senses, ratifies the contract, he is bound by it.

Section 3 of the Sale of Goods Act 1979 makes the same provision for persons who are incompetent to contract by reason of "drunkenness" as for minors and the mentally incompetent. No doubt, the same rule would be applied to persons intoxicated by drugs other than alcoholic drink, either by a broad interpretation of "drunkenness," or at common law.

bingo_bango

Agreed that it is still a relevant section of statute, but I also agree with you that there is a distinct lack of common law decisions, and I suspect the relevance of that particular section of SOGA is on the wane.

My take on this situation is that although OP now has buyers remorse, they did seem to have enough of their faculties about them to choose their items, and then produce a credit card to pay for them (even though the wrong details were provided). It certainly shows an intention to contract, but can they prove that they were so incapacitated by alcohol that they had no control over what they were doing?

I suspect this conjecture is entirely hypothetical, as it is unlikely OP will take that route (I still believe the Cancellation of Contracts route to be much easier) but I would love to see the report from such a case taken on the grounds of drunkeness.

ariarnia

can't she

A. Refuse to give correct card details
and/or
B. Refuse to receive the items when they arrive

cheapskatestudent

Just wanted to let everyone know I finally managed to get in contact with the Ann Summers rep just before she placed the order. She was very polite on the phone and said that was fine I could cancel my order because she hadn't placed the order yet.

My friend, who was in a similar situation to me, however who phoned ten minutes after me was not so lucky and did not manage to get a refund. All she can do is receive the goods and then take them back to the ann summers shop and get ann summers gift vouchers.

The Ann Summers reps are all self employed so as far as I can see and therefore I think your contract is with them rather than the company.

My advice is do not give out your credit card details at the party. It is actually possible to hand over no cash or details and just pay the reps on delivery. That way I think you will have better bargaining power to cancel any items you do not want because you can simply refuse to pay and refuse to collect them.

Thanks everyone for all your advice and help

Lokolo_2

cheapskatestudent wrote: »

Just wanted to let everyone know I finally managed to get in contact with the Ann Summers rep just before she placed the order. She was very polite on the phone and said that was fine I could cancel my order because she hadn't placed the order yet.

My friend, who was in a similar situation to me, however who phoned ten minutes after me was not so lucky and did not manage to get a refund. All she can do is receive the goods and then take them back to the ann summers shop and get ann summers gift vouchers.

The Ann Summers reps are all self employed so as far as I can see and therefore I think your contract is with them rather than the company.

My advice is do not give out your credit card details at the party. It is actually possible to hand over no cash or details and just pay the reps on delivery. That way I think you will have better bargaining power to cancel any items you do not want because you can simply refuse to pay and refuse to collect them.

Thanks everyone for all your advice and help

As one of the previous posters said, tell her to refuse delivery! If you don't accept the item then you should be able to claim your money back. :beer: