Breach of contract

Kidson

robpw2

Prior to placing an order and proceeding to check out etc I specifically requested by separate email the price for shipping the item to Portugal – in a return email to me they quoted a figure – that figure was then embodied into the total price and taken to the check out – order at that point in time was placed – I subsequently received suppliers confirmation of order AND funds duly and immediately taken from my credit card on same day and prior to shipment – several days then passed and I was awaiting news of desptach – only then did they phone to say carrier needs to crate cage and additional cost arising was £169.00 which ridiculous evidenced by the alternative quotes I then obtained and passed onto the supplier.

The transport cost for delivering the same product anywhere in the UK is £4.21 against the £22.50 quoted for shipment to Portugal. Everything appeared to be in order.

By the way no valid contract can ever include an E&O clause - that would never be acceptable to either party intending to make and enter into a valid legally binding contract!!!!

Would I be right in thinking you now agree with me?

jamespir

Kidson wrote: »

robpw2

Prior to placing an order and proceeding to check out etc I specifically requested by separate email the price for shipping the item to Portugal – in a return email to me they quoted a figure – that figure was then embodied into the total price and taken to the check out – order at that point in time was placed – I subsequently received suppliers confirmation of order AND funds duly and immediately taken from my credit card on same day and prior to shipment – several days then passed and I was awaiting news of desptach – only then did they phone to say carrier needs to crate cage and additional cost arising was £169.00 which ridiculous evidenced by the alternative quotes I then obtained and passed onto the supplier.

The transport cost for delivering the same product anywhere in the UK is £4.21 against the £22.50 quoted for shipment to Portugal. Everything appeared to be in order.

By the way no valid contract can ever include an E&O clause - that would never be acceptable to either party intending to make and enter into a valid legally binding contract!!!!

have you got your money back or not ?

if you have shut up and dont waste your own time trying to sue when the company Have done nowt wrong

Kidson

Jamespir
You can use such language as you deem fit – as I have no intention of shutting up – and if that is the best argument you can use – I need say no more.

The fact is the supplier did not deliver the goods – breached their contract and as a consequence I have a legal right to be put back into the position I would have been had the contract been properly performed.

jamespir

Kidson wrote: »

Jamespir
You can use such language as you deem fit – as I have no intention of shutting up – and if that is the best argument you can use – I need say no more.

The fact is the supplier did not deliver the goods – breached their contract and as a consequence I have a legal right to be put back into the position I would have been had the contract been properly performed.

no you dont t the supplier did not deliver the goods as your request did not satisfy the terms of order ie you dont live in the uk

you didnt want to pay the extra charges to have it delivery therefore it is YOU WHO BROKE the contract not them

so you have no case

Debt_Free_Chick

Kidson wrote: »

Jamespir
You can use such language as you deem fit – as I have no intention of shutting up – and if that is the best argument you can use – I need say no more.

The fact is the supplier did not deliver the goods – breached their contract and as a consequence I have a legal right to be put back into the position I would have been had the contract been properly performed.

Do you? I thought you had the right to be put in the position you have been in if the contract had not been made ...????

Kidson

Debt_Free_Chick

Yes I do - have a read here for full details:

Microsoft word - Free Resources - Law - Breach of contract and remedies doc

Extracted from above as follows:

Introduction to remedies

Damages is the basic remedy available for a breach of contract. It is a common law remedy that can be claimed as of right by the innocent party.

The object of damages is usually to put the injured party into the same financialposition he would have been in had the contract been properly performed.

Sometimes damages are not an adequate remedy and this is where the equitable remedies (such as specific performance and injunction) may be
awarded.

jamespir

Kidson wrote: »

Debt_Free_Chick

Yes I do - have a read here for full details:

Microsoft word - Free Resources - Law - Breach of contract and remedies doc

Extracted from above as follows:

Introduction to remedies

Damages is the basic remedy available for a breach of contract. It is a common law remedy that can be claimed as of right by the innocent party.

The object of damages is usually to put the injured party into the same financialposition he would have been in had the contract been properly performed.

Sometimes damages are not an adequate remedy and this is where the equitable remedies (such as specific performance and injunction) may be
awarded.

you had your damages your refund thats all youre going to get

you have not been finacially been put out by this

Kidson

jamespir

Interesting but erroneous view.

I don’t live in the UK? Says who? Ever heard of people residing in the UK with overseas properties – if not – you have now.

So anyone can enter into a legally binding contract and then decide to ask for more ? Not in the real world.

Even more interesting is the supplier who having contracted and taken the buyers money on the agreed basis then says he wants more to deliver the goods and you the buyer says No I am not paying anything more than we originally agreed and contracted – and you are now telling me it is then YOU the buyer who has breached the contract !! Incredulous

You write:

“you had your damages your refund thats all youre going to get
you have not been finacially been put out by this”

Since the supplier now refuses to perform in accord the contract they agreed, accepted and entered into I find an alternative supplier – the increased cost of having the same product delivered to me in Portugal by the alternative supplier is the financial loss I have suffered

manna777

The Ts and Cs should state at what time the agreement becomes a legally binding contract of sale. If it was at the time your confirmation email was sent then they are legally bound to accept the order at that price. If the contract is only formed when the item is despatched for delivery, then they are able to change the price!

I have to agree you seem to be making this into a mountain - why not just order somewhere else they have refunded you without fuss - life is far far to short

System

I suggest that since you are so hell bent on suing them instead of listening to reason, you just go ahead and do it.

Everybody on this forum would love to know how you get on. Don't forget to report back.