Breach of contract

jonesMUFCforever

Last words written on the T&C is E&O excepted.

hermum

jonesMUFCforever wrote: »

Last words written on the T&C is E&O excepted.

What does E&O mean please?

robpw2

magpiecottage wrote: »

Almost always in English Law, the court will only provide redress to put you back into the position you would have been in had the transaction never taken place.

!

althought in contract they tend to put you in the position you would have been if there had been no breach

althought i fail to see breach of contract in this case

Enterprise_1701C

hermum wrote: »

What does E&O mean please?

Errors and Omissions - it is the one thing you have to ensure you have to put on a quote/invoice to cover yourself in case you make a mistake.

In this case it would cover them.

Debt_Free_Chick

Looks to me like the contract has been rescinded.

The supplier found that the contract could not be fulfilled as originally intended. An amendment (higher costs) was suggested to enable the contract to proceed, but the buyer did not accept those new terms. Contract rescinded and both parties returned to the position as if the contract never existed in the first place.

Buyer then suggests a new contract (or even a counter-amendment to the original contract). Seller does not accept so contract rescinded ......

Crucial is the point at which the contract was formed. Often with online purchases this is not until the purchase is actually despatched. Before completion of the contract, we simply have offer and counter offer .... but no agreement to enter in to a legally binding contract.

All of this barrack-room lawyer stuff is pointless though for such a trivial matter. And contract law is notoriously difficult.

OP should just move on and find another supplier - unless he wants to mount a High Court action. Could be fun though, if you have money to waste

Kidson

Debt_Free_Chick

You Write:

[FONT=&quot]“Looks to me like the contract has been rescinded.[/FONT]
[FONT=&quot]All of this barrack-room lawyer stuff is pointless though for such a trivial matter. And contract law is notoriously difficult”[/FONT]

Rescission of contract:

Buyer has not rescinded and has no intention of doing so!!

[FONT=&quot]By Agreement[/FONT]

[FONT=&quot]Mutual rescission, or rescission by agreement, is a discharge of both parties from the obligations of a contract by a new agreement made after the execution of the original contract but prior to its performance. Rescission by mutual assent is separate from the right of one of the parties to rescind or cancel the contract for cause, or pursuant to a provision in the contract.[/FONT]

[FONT=&quot]Assent All the parties to the contract must assent to its rescission because mutual rescission involves the formation of a new contract. A meeting of minds can be reached by an offer to rescind and an acceptance by the other party. One party to a contract cannot rescind it simply by giving notice to the other party that he or she intends to do so.[/FONT]

[FONT=&quot]Although a breach of contract by one party is not an offer to rescind, the other party can treat the repudiation as an offer to rescind that he or she can accept, leading to rescission of the contract by mutual assent. Rescission must be clearly expressed, however, and the conduct of the parties must be inconsistent with the existence of the contract. The fact that some of the materials that form part of the subject matter of the contract have been returned is not conclusive as to whether rescission has occurred.[/FONT]

[FONT=&quot]Nonperformance or Breach[/FONT]

[FONT=&quot]One party to a contract can rescind it because of substantial nonperformance or breach by the other party. The party who knowingly and willfully fails to perform [the seller in this case] cannot complain that the other party to the contract has injured him or her by terminating the contract. The right to rescind does not arise from every breach but is permitted only when the breach is so substantial and fundamental that it defeats the objective of the parties in making the agreement. The breach must pertain to the essence of the contract. The act must be an unqualified refusal by the other party to perform and should amount to a decision not to be bound by the contract in the future. A party to a contract who is in default cannot, however, rescind because of a breach by the other party.[/FONT]

[FONT=&quot]You write:[/FONT]

[FONT=&quot]“Crucial is the point at which the contract was formed. Often with online purchases this is not until the purchase is actually dispatched”[/FONT]

A contract is said to be reached when an offer capable of immediate acceptance is met with a "mirror image" acceptance (i.e., an unqualified acceptance).

Elements of a Contract

A contract is an agreement reached after sufficient consideration to do, or refrain from doing, some legal action. A contract is considered valid when two or more parties with capacity make an agreement involving valid consideration to do or to refrain from doing some lawful act. If these elements exist, the contract is valid. If one or more or these necessary elements is missing, the contract is void or voidable. In other words, it is not a true contract and therefore cannot be enforced.

1. All parties must have capacity to enter the contract.

2. An offer must be made.

3. Consideration must be exchanged.

4. The parties must be in mutual agreement.

5. The contract's object and purpose must be legal.

6. The form of the contract must meet the legal requirements.

The buyer and supplier had and still have a legally binding contract which the supplier has breached by his declaration not to perform and not to be bound by the contract. Nothing could be clearer - the supplier has breached our contract - not in doubt - a simple fact.

Breach of Contract

When a party fails to perform the stated obligation in a contract, the party is said to be in breach of contract. The injured party (the buyer in this case) has several recources. The injured party [is the buyer not the seller in this case] may rescind the contract or release the other party from the obligations stated in the contract. Also, the parties may agree on novation. Any of these three resolutions may be enacted without litigation.

The injured party may sue the other party for money damageges or for specific performance. When someone sues for lost profits or for court costs, for example, it is said that a party has sued for money damages. Specific performance may be ordered if the party believes money damages are an unfair form of compensation. When someone seeks the remedy of specific performance, the party is asking the court for the equitable remedy of compelling performance of the contract.

Finally turning Errors and Omissions - The company I am dealing with has no stated Terms and Conditions on line just FAQ - However even if they attempt to rely upon T&C and E&O in a cout of law - I do not beleve it will be entertained.

You may recall an on line company advertised a 42” TV for £99 on the net and received many orders – but no order confirmation – however the £99 was clearly an error and price was intended to be £999.00 – so seller was not obliged to perform.

In this case no such error exists – buyer did what was required prior to contracting by asking for a transportation cost which was given and then included in a legally binding contract.

It is because of the small value involved that big company considers it can simply walk away and I do not intend to let that happen – they need to honour their committments - it seems all you people are in favour of letting the company get away with what I consider to be very unprofessional and unreasonable behaviour wholly unbecoming a company of repute.

No high court action required - just small claims county court will suffice - and no I don't need to travel to be there - not mandatory to attend - but happy to do so if need arises.

robpw2

but they say on the website that they will contact you if the price of delivery will be more and they did


you havent paid for it and thefore they cannot be expecting to send the goods

robpw2

Kidson wrote: »

The buyer and supplier had and still have a legally binding contract which the supplier has breached by his declaration not to perform and not to be bound by the contract. Nothing could be clearer - the supplier has breached our contract - not in doubt - a simple fact.

the supplier hasnt breached the contract they are unable to deliver for the price quoted on website because your in portugal
they rang you as on their website
they offered you a new price
you decided you didint want it no contract has been formed

offer and acceptance

the company by showing the product on the website are giving you an ivitation to treat

you by ordering are making an offer to buy
them by ringing you etc is making a counter-offer
you by refusing have not accepted this offer

thefore no contract formed

where is your consideration what have you done to form the contract ?

robpw2

were the funds actually taken from your card? do you have a statement to proove this because if they have then they should have delieverd the item for the price quoted - as then a contract would have been formed

but usually for online companys they authorise the funds but dont actually take them till delivery

gordikin

In very many instances contract is not formed until the item is dispatched