buymylaptop.co.uk

leebtyler

yes, sales of goods act will not help you here im afraid.

you need to sue for breach of contract.

leebtyler

this should clarify your position a bit clearer;

Breach of contract

A breach of contract occurs where a party to a contract fails to perform,
precisely and exactly, his obligations under the contract. This can take various
forms for example, the failure to supply goods or perform a service as agreed.
Breach of contract may be either actual or anticipatory.

Actual breach occurs where one party refuses to form his side of the bargain on
the due date or performs incompletely.
For example: Poussard v Spiers and Bettini v Gye.

Anticipatory breach occurs where one party announces, in advance of the due
date for performance, that he intends not to perform his side of the bargain. The
innocent party may sue for damages immediately the breach is announced.

Hochster v De La Tour is an example.

Effects of breach

A breach of contract, no matter what form it may take, always entitles the
innocent party to maintain an action for damages, but the rule established by a
long line of authorities is that the right of a party to treat a contract as
discharged arises only in three situations.
The breaches which give the innocent party the option of terminating the
contract are:
(a) Renunciation

Renunciation occurs where a party refuses to perform his obligations under the
contract. It may be either express or implied. Hochster v De La Tour is a case law
example of express renunciation.
Renunciation is implied where the reasonable inference from the defendant’s
conduct is that he no longer intends to perform his side of the contract. For

example: Omnium D’Enterprises v Sutherland.

(b) Breach of condition

The second repudiatory breach occurs where the party in default has committed
a breach of condition. Thus, for example, in Poussard v Spiers the employer had
a right to terminate the soprano’s employment when she failed to arrive for
performances.

- 2 -

(c) Fundamental breach

The third repudiatory breach is where the party in breach has committed a
serious (or fundamental) breach of an innominate term or totally fails to perform
the contract.

A repudiatory breach does not automatically bring the contract to an end.
The innocent party has two options:
He may treat the contract as discharged and bring an action for damages
for breach of contract immediately. This is what occurred in, for example,

Hochster v De La Tour.

He may elect to treat the contract as still valid, complete his side of the
bargain and then sue for payment by the other side. For example, White and
Carter Ltd v McGregor.

in your case i would sue for payment from the other side, citing White and Carter v McGregor as a precedent.

leebtyler

you could of course ask for your laptop back, but god knows what condition it will come back in!
send a STERN letter, recorded delivery to his home address giving him 14 days to respond to either pay in full, via paypal cheque or postal order, or to return your laptop in the same condition you supplied it to him, if he fails to do so make him aware you will start proceedings for breach of contract and all costs will sought from him directly, also be prepared to charge for admin, as a judge will consider fair and reasonable that you should seek recompense for the time spent bringing the action.

let me know how you get on.

debtdbruno

thankyou all for your advice.

The good news is....the cheque arrived today...........

I've banked it.........hope it doesn't bounce.......

I just don't understand why they can't do things more efficiently, without you having to nag at them. The sites online that buy mobiles work a lot quicker.....

santer_2

Good news so far

Thanks for the update