Discussion
An involuntary bailee may have a claim for reasonable charges, based on the law of restitution, rather than the law of contract. Having said that, we are talking here about a case of what I assume to be rather ordinary wine, not a dozen magnums of Pichon Longueville Comtesse de Lalande 1964, or similar, so all this brainy stuff about bailment is perhaps a tad academic.
Can you not sell it under s12 of the Torts (Interference with Goods) Act 1977 - section 12
http://www.landlordlawblog.co.uk/2014/09/18/how-to...
http://www.landlordlawblog.co.uk/2014/09/18/how-to...
Breadvan72 said:
An involuntary bailee may have a claim for reasonable charges, based on the law of restitution, rather than the law of contract. Having said that, we are talking here about a case of what I assume to be rather ordinary wine, not a dozen magnums of Pichon Longueville Comtesse de Lalande 1964, or similar, so all this brainy stuff about bailment is perhaps a tad academic.
The wine is nothing special. Most PH powerfully built director types wouldn't even use it to cook with. Ruttager said:
Breadvan72 said:
An involuntary bailee may have a claim for reasonable charges, based on the law of restitution, rather than the law of contract. Having said that, we are talking here about a case of what I assume to be rather ordinary wine, not a dozen magnums of Pichon Longueville Comtesse de Lalande 1964, or similar, so all this brainy stuff about bailment is perhaps a tad academic.
The wine is nothing special. Most PH powerfully built director types wouldn't even use it to cook with. I Had similar last year, a manufacturer made a balls up of an order.
I was supposed to have some downlights delivered straight from the manufacturer via a supplier.
however the manufacturer sent everything my supplier ordered to me!!
Including 1000 ceiling roses!!
They didn't even call me, just kept sending couriers in the week while i was not there (as i was working)
I then had a rather rude lady call me asking why i was refusing the collection, and pretty much expected me take take a day off from working so it could be collected.
After around a month they agreed to a Saturday collection.
Oh and the original courier didn't even take a signature, he just dumped the pallet (with around £3K of stock) next to my garage, so it wasn't like id accepted the order knowing it wasn't mine!
I was supposed to have some downlights delivered straight from the manufacturer via a supplier.
however the manufacturer sent everything my supplier ordered to me!!
Including 1000 ceiling roses!!
They didn't even call me, just kept sending couriers in the week while i was not there (as i was working)
I then had a rather rude lady call me asking why i was refusing the collection, and pretty much expected me take take a day off from working so it could be collected.
After around a month they agreed to a Saturday collection.
Oh and the original courier didn't even take a signature, he just dumped the pallet (with around £3K of stock) next to my garage, so it wasn't like id accepted the order knowing it wasn't mine!
When I worked as a courier, we used to have a few issues with wine companies.
Lots of folk received wine they had never ordered, and I remember making weekly deliveries to a derelict house which never stopped despite my mentioning it to both my managers and the wine company. There were about 30 crates of wine stacked in the back porch when I finished working there
Lots of folk received wine they had never ordered, and I remember making weekly deliveries to a derelict house which never stopped despite my mentioning it to both my managers and the wine company. There were about 30 crates of wine stacked in the back porch when I finished working there
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