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If not Loss of Bargain, what are our rights?
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No , case law has in the past cleared defendants when an action through no fault of their own caused the loss.No it doesn't. They are still liable for their third part mess ups. In the same way as they are liable for loss or damage by a courier.
The question is whether this would be seen as loss of bargain...
there was a thread recently whereby a chap took madbid (?) to court as they refused to honor a price despite having stock and a contract being formed... and won.
Where as in this instance they did attempt to fulfil the contract so a judge may not see it in the same light.
It also comes down a lot to what their terms state.
http://www.lawteacher.net/contract-law/lecture-notes/remedies-lecture-1.php
It's also nothing to do with their terms, it's either a direct breach by them or it isnt.0 -
There is a chance, although both cases I saw go to court failed, but others may have a wider experience. The dispute isn't over whether there has been a loss, it's about putting both parties back in a position where they were before the contract.
Personally, I wouldn't advise court action, I think it's rather risky and would potentially be a substantial amount of work and stress. There are factors relating to the contract itself, and definitions over which party did what and when. The involvement of a third party just makes the matter more complex, it doesn't relieve the seller of responsibility.
Actually, it's more about assuring the contract is concluded as per its terms; that each party is placed in the position they should have been in, had the contract been satisfied.The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
Actually, it's more about assuring the contract is concluded as per its terms; that each party is placed in the position they should have been in, had the contract been satisfied.
Not related to the thread but I thought you had been PPR'd? Does this mean its possible to get a PPR overturned?This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0 -
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Equaliser123 wrote: »Personally pleased he is back. Not one of the worst by any stretch.
Agreed. In fact if memory serves me correctly he was in fact one of the major players to resolve the whole 'is a deposit refundable?' debacle a while back.0 -
I can't take all the credit for that, Somethingcorporate did the vast majority of the research.
The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
ok, update to this. After refunding the order, they managed to "get some back in stock" and reinstated the order. Between cancellation and restocking the price doubled, but as a "goodwill gesture" they honoured at the original purchase price - took another 10 working days for delivery, and arrived today.
However, packaging has clearly been re-sealed (badly) and there are scratches all over the base - this has clearly been used and returned.
My wife plugged it in to see if it worked, the wire made a lot of crackling, and a few minutes later the motor burned out and there is a burning smell present.
Does this change the original complaint? This is no konger an issue where the third party has lost the item, but the company have sent a clearly 2nd hand (and substandard) product out. In the likely event that they are once again out of stock, surely this would now consitute loss of bargain?1st December 2010 - £29,200 Owed on Loans & Credit Cards :eek:
1st December 2011 - £8600 Owed on Loan :beer:
30th July 2012 - Loan Paid Off - Debt Free Day! #DFD0 -
mattwhite1 wrote: »ok, update to this. After refunding the order, they managed to "get some back in stock" and reinstated the order. Between cancellation and restocking the price doubled, but as a "goodwill gesture" they honoured at the original purchase price - took another 10 working days for delivery, and arrived today.
However, packaging has clearly been re-sealed (badly) and there are scratches all over the base - this has clearly been used and returned.
My wife plugged it in to see if it worked, the wire made a lot of crackling, and a few minutes later the motor burned out and there is a burning smell present.
Does this change the original complaint? This is no konger an issue where the third party has lost the item, but the company have sent a clearly 2nd hand (and substandard) product out. In the likely event that they are once again out of stock, surely this would now consitute loss of bargain?
Hmmm.. would this now be an issue under the SOGA? And therefore they should offer a refund (if replacement/repair are impossible).0
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