Whose contract?

monhon1

I hope someone can assist urgently.

A car was bought by person A using B's money. It was paid for on B's debit card and cash. B instructed A to purchase the car for them because B could not.

The seller, C, knew the car was for B and filled the V5 on B's name. However on the invoice it states A's name. The car and insurance are in B's name.

There is now contract dispute. B insists it is their contract but C says it is not.

Can anyone please guide me whose contract it is? Speaking to CAB and a barrister, they say the contract is with B. But speaking to a different barrister they are state the contract is with A.

Can anyone please guide me who the contract is with? And forward &/or guide me especially to the law section/s and to any case law?

I would be ever so grateful for any assistance. I have checked the internet (for a couple of hours) but cannot get a definitive answer.

Thank you very much.

wealdroam

monhon1 wrote: »

I hope someone can assist urgently.

A car was bought by person A using B's money. It was paid for on B's debit card and cash. B instructed A to purchase the car for them because B could not.

The seller, C, knew the car was for B and filled the V5 on B's name. However on the invoice it states A's name. The car and insurance are in B's name.

There is now contract dispute. B insists it is their contract but C says it is not.

Can anyone please guide me whose contract it is? Speaking to CAB and a barrister, they say the contract is with B. But speaking to a different barrister they are state the contract is with A.

Can anyone please guide me who the contract is with? And forward &/or guide me especially to the law section/s and to any case law?

I would be ever so grateful for any assistance. I have checked the internet (for a couple of hours) but cannot get a definitive answer.

Thank you very much.

So you've asked two barristers and they disagree with each other.

You've searched the internet and not found an answer.

Now you are asking anonymous people on an internet forum for a definitive answer?

What are you planning to do? Count up the votes for A and B and see who wins?

By the way, does it actually matter? The car belongs to B.

Perhaps I should also say, I am not a barrister, nor a solicitor. Nor have I had any legal training. Hope that helps you weight my opinion against any others you may get.

usefulmale

If two different barristers disagree, it will have to be settled by a judge.

TonyMMM

If barristers agreed about things we would never have any court cases .... they give opinions, nothing else.

daytona0

I was reading this and thinking;

"we have A car, but where is B car?!"

monhon1

Thank you guy's for your help. The reason I ask is the matter has gone to court and we have had a number of postponements and hearings on different matters. C is insistent now contract is with A. But A is not on the claim because A and B have split up. So from outset B has dealt with everything including lodging the claim.

What I am after as I said before any reference to law and case law so I can reference to to support B's case?

Thank you.

JJ_Egan

Surely you would ask a barrister/ legal professional regarding case law .

possibly try legalbeagles forum

soolin

monhon1 wrote: »

Thank you guy's for your help. The reason I ask is the matter has gone to court and we have had a number of postponements and hearings on different matters. C is insistent now contract is with A. But A is not on the claim because A and B have split up. So from outset B has dealt with everything including lodging the claim.

What I am after as I said before any reference to law and case law so I can reference to to support B's case?

Thank you.

You are not going to get case law on here that you can use in court, that's what legal representation is for.

I certainly would not be going to court armed with a citation that may or may not be out of date, over ruled or just plain misunderstood on the basis that a total stranger gave it to you on the Internet.

SnowTiger

My interpretation is that Person A was acting as an agent for Person B. The contact is between the seller and Person B.

Unless the person who sold the car was a Sole Trader they would also have been, effectively, acting as an agent too.

When you buy an item from a shop the contract is between you and the shop. The person who takes your money is simply acting as an agent for the shop. An employee. There is no contract between you and the employee.

In this case the seller appears to have been aware they were not dealing directly with the buyer and knew they were dealing with a third party, an agent, acting on the buyer's behalf.

I am not a legal expert. :rotfl:

monhon1

Anyone able to provide their input. I am grateful to those that have helped so far. This case has caused so much stress and anxiety and dragged and dragged.

SuperHan

Again, I am no lawyer or expert, but I would say that A was acting as agent of B, and so falls out of the contract once it is made. Therefore, contract is with B