Breach of contract

Dr.Shoe_2

Kidson wrote: »

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[FONT=&quot]“Looks to me like the contract has been rescinded.[/FONT]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Buyer has not rescinded and has no intention of doing so!!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.

So you're saying you didn't get your money back?

robpw2

dmg24 wrote: »

There is one here!

there will be two lol :rotfl::rotfl:
althought i did pass my contractural obligations module last term:D

Kidson

Back in March 2010 I posted a topic for discussion under the heading of “breach of Contract”

Due to the court venue being changed and the original court documents being mislaid the matter only final came to court on the 9 June of this year.

Rather than the rational discussion I intended at the onset it turned into a unreasoning illogical dispute where I was informed by so called experts that they hoped the judge would throw out my case for wasting the courts time – by others to shut up – to get a life – contract rescinded – contract frustrated – contract never breached – don’t live in the UK – don’t want to listen – no one on here agrees with you - How many times have you pressed the thanks button to show your appreciation for their time in their attempt to help you? - Perhaps there should now be a button to press for an apology?

I was always discussing points of law but in return invariably obtained irrelevant slogans.

Since nothing we say will persuade you that they were within their rights to do what they did then sue them - thank you I did just that.

The judge ruled in my favour and the other party – which is Hyperdrug as some of you thought – paid up promptly for the full amount I claimed of £141.00.

If there are any of you who are seriously interested to learn of the breach of contract law and how it applied to my particular case email me on [EMAIL="as1539081@sapo.pt"]as1539081@sapo.pt[/EMAIL]

Enterprise_1701C

Very pleased, if actually a little surprised, that you won on this one.

Kidson

Thank you Jane

robpw2

Kidson wrote: »

Back in March 2010 I posted a topic for discussion under the heading of “breach of Contract”

Due to the court venue being changed and the original court documents being mislaid the matter only final came to court on the 9 June of this year.

Rather than the rational discussion I intended at the onset it turned into a unreasoning illogical dispute where I was informed by so called experts that they hoped the judge would throw out my case for wasting the courts time – by others to shut up – to get a life – contract rescinded – contract frustrated – contract never breached – don’t live in the UK – don’t want to listen – no one on here agrees with you - How many times have you pressed the thanks button to show your appreciation for their time in their attempt to help you? - Perhaps there should now be a button to press for an apology?

I was always discussing points of law but in return invariably obtained irrelevant slogans.

Since nothing we say will persuade you that they were within their rights to do what they did then sue them - thank you I did just that.

The judge ruled in my favour and the other party – which is Hyperdrug as some of you thought – paid up promptly for the full amount I claimed of £141.00.

If there are any of you who are seriously interested to learn of the breach of contract law and how it applied to my particular case email me on [EMAIL="as1539081@sapo.pt"]as1539081@sapo.pt[/EMAIL]

perhaps you would be so kind to post the reasons why he ruled in your favour, as i said earlier in this thread some of the things you were saying pointed to one out come but some pointed to another.
Thank you for sending me this link in a pm .

Kidson

If there are any of you who are seriously interested to learn of the breach of contract law and how it applied to my particular case email me on [EMAIL="as1539081@sapo.pt"]as1539081@sapo.pt[/EMAIL]

System

Why not just post it up here.

(Did you really PM everybody that said you had no chance? Sad Sad Sad)

robpw2

!!!!!! wrote: »

Why not just post it up here.

(Did you really PM everybody that said you had no chance? Sad Sad Sad)

well he pm'd me lol

i am not emailing that email address .. and for the record op i would remove your email address from the post because you will attract all kinds of stuff

Kidson

Interesting how one forgets what one said!

!!!!!! wrote: »

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.