Re: private sales

On 12 Sep 2006 03:32:57 -0700, "Tommo" <sxt2000@xxxxxxxxxxxxx> wrote:


Alex Heney wrote:

However, in this type of case you could put together a damages claim
that would be tantamount to a refund - i.e. damaged beyond repair so
the measure of loss is basically the cost of a new item.

You *might* be able to.

But only if they could not repair or replace the items.

I disagree. The right to require a repair or replacement is a remedy
available to the buyer/consumer, not the seller.

Who ever suggested otherwise?

You did.

Wrong. I said no such thing, nor anything which could be taken to mean
that.

I said OP could claim damages (which is the common law
poisition) and you said that he could only do so *only* if the item
could not be reapired or replaced. That is wrong.


No it isn't.

If that were true, then that part of the law would be meaningless.

I know the law is an addition to other rights. But it is there because
those "other rights" are not generally exercisable.

In any claim for damages, the claimant has a duty to mitigate their
loss as much as possible.

Which means that if the seller offers to repair or replace, there will
be no loss, unless they cannot do so. And therefore no claim.



You would not have any case for damages due to the intended use, and
having to buy others at short notice, as that was not a reasonably
foreseeable consequence to the seller.

Again, I disagree. It is perfectly foreseeable that it a seller
supplies defective goods that the buyer will have to buy a replacement
from elsewhere.

Not in law.

Of course it is.

Cite?
--
Alex Heney, Global Villager
Gentlemen, you can't fight in here, this is the War Room!
To reply by email, my address is alexATheneyDOTplusDOTcom
.

Relevant Pages

  • Re: Vendor retracts offer after end of sale!
    ... "51 Damages for non-delivery ... Where the seller wrongfully neglects or refuses to deliver the ... seller's breach of contract. ... quite frequently Cases for loss of bargain are ...
    (uk.people.consumers.ebay)
  • Re: Vendor retracts offer after end of sale!
    ... "51 Damages for non-delivery ... Where the seller wrongfully neglects or refuses to deliver the ... seller's breach of contract. ... quite frequently Cases for loss of bargain are ...
    (uk.people.consumers.ebay)
  • Re: private sales
    ... But only if they could not repair or replace the items. ... available to the buyer/consumer, not the seller. ... (e.g. to claim damages) ... Alex Heney, Global Villager ...
    (uk.legal)
  • Re: private sales
    ... But only if they could not repair or replace the items. ... The right to require a repair or replacement is a remedy ... available to the buyer/consumer, not the seller. ... I said OP could claim damages (which is the common law ...
    (uk.legal)
  • Re: private sales
    ... But only if they could not repair or replace the items. ... available to the buyer/consumer, not the seller. ... (e.g. to claim damages) ... foreseeable consequence to the seller. ...
    (uk.legal)