Car Dealer - ? Breach Of Contract

InsideInsurance

Flyboy152 wrote: »

Fault has everything to do with contract law. :huh:

How? Unless explicitly written in to the contract itself, at which point that is to do with the contract terms and not contract law.

Flyboy152

InsideInsurance wrote: »

How? Unless explicitly written in to the contract itself, at which point that is to do with the contract terms and not contract law.

:wall: :wall:

It is the basis on which contract law and any breach is based.

Equaliser123

Flyboy152 wrote: »

Fault has everything to do with contract law. :huh:

Actually, it doesn't. Contractual liability (unlike tortious liability) is 'strict' in nature meaning that fault does not have to be demonstrated. All that is needed to be shown is that the terms of the contract have not been complied with.

Flyboy152

Doesn't that just expands on "whose fault it was?" My remarks were quite flippant, but the sentiment was valid.

If either side breach the terms of the contract, isn't the argument then down to who is to blame?

Equaliser123

Flyboy152 wrote: »

Doesn't that just expands on "whose fault it was?" My remarks were quite flippant, but the sentiment was valid.

If either side breach the terms of the contract, isn't the argument then down to who is to blame?

In law it is a massive distinction. An 'accidental' breach of contract is as much a breach of contract as a deliberate act.

Flyboy152

Equaliser123 wrote: »

In law it is a massive distinction. An 'accidental' breach of contract is as much a breach of contract as a deliberate act.

But can you confirm that "fault" has part to play in contract law, rather than as asserted earlier:

""Fault" has nothing to do with contract law."

InsideInsurance

I suspect that they are talking about where a contract becomes frustrated - ie it cannot be completed - rather than a breach of contract.

Equaliser123

Flyboy152 wrote: »

But can you confirm that "fault" has part to play in contract law, rather than as asserted earlier:

""Fault" has nothing to do with contract law."

No, fault doesn't affect contractual liability.

Equaliser123

InsideInsurance wrote: »

I suspect that they are talking about where a contract becomes frustrated - ie it cannot be completed - rather than a breach of contract.

Frustration of contract is amazingly rare and really confined to exceptional cases.

s_b

ChopperST is there any way you can find out if dealer sold car to someone else
this seems just as likely and you got screwed over
if this is the case then you have good cause to take him to court for breaking your agreed contract
lets put it this way, if i was you i would be putting my dearstalker on and polishing my magnifying glass