Loss of Bargain - help!

Esqui

Loss of bargain is actually a legal term. But I've read about it, and I still don't understand it.

Jeff_Bridges_hair

Esqui wrote: »

Loss of bargain is actually a legal term. But I've read about it, and I still don't understand it.

http://legal-dictionary.thefreedictionary.com/loss+of+bargain

Proc

Esqui wrote: »

Loss of bargain is actually a legal term. But I've read about it, and I still don't understand it.

It is indeed. But it can only be used when a contract has been formed. In this case, I would imagine that the contract isn't formed until goods are received. Therefore I can only assume that "Loss of bargain" for when a contract isn't even complete is just made-up squitter.

Googlewhacker

depending on the value of the item I would personally look at the company you have bought froms website and if you have confirmation that the item was dispatched this is NORMALLY when contracts are formed for online companys.

If so then you maybe entitled to a loss of a bargain but if they are not playing ball are you really going to take them to court over £40?

Esqui

Proc wrote: »

It is indeed. But it can only be used when a contract has been formed. In this case, I would imagine that the contract isn't formed until goods are received. Therefore I can only assume that "Loss of bargain" for when a contract isn't even complete is just made-up squitter.

Bingo, that was it! It's all coming back to me now...

Jesamine

Miraculously, the item has now arrived at the store and I am going to collect it later for less than my original bargain price!

I wasn't expecting that, especially as the 'helpful' CS advisor I spoke to yesterday told me that even if it did turn up, I would have to pay full price and that they couldn't reserve it for me. Thankfully I spoke to a manager today who managed to track it down to the local depot.

Once again, thank you to everyone who took the trouble to reply.

Equaliser123

A contract is NOT formed when the goods are received but when they are dispatched. Otherwise, failure to deliver would never constitute a breach of contract.

It sounds as though it is all resolved. However - despite some of the links to US law concepts of loss of bargain - you would have been entitled to claim damages to put you in the position you would have been in had the contract been performed correctly. This would mean, if necessary, you purchasing the item from a third party and claiming the difference from them.

Jeff_Bridges_hair

Equaliser123 wrote: »

A contract is NOT formed when the goods are received but when they are dispatched. Otherwise, failure to deliver would never constitute a breach of contract.

It sounds as though it is all resolved. However - despite some of the links to US law concepts of loss of bargain - you would have been entitled to claim damages to put you in the position you would have been in had the contract been performed correctly. This would mean, if necessary, you purchasing the item from a third party and claiming the difference from them.

I never noticed it was a US website if im honest