Legal Advice regarding Car Sale
Discussion
''Defination
Legal rule that damages paid to the aggrieved party in a breach of contract case should be sufficient in amount to put that party in a position it would have been had the breach not occurred. ''
In an hour what damages can they honestly claim for. I think you have breached a contract and should offer a sum to cover any costs he may of inccurred, and dispute the loss of bargain costs, which i think will be very difficult to prove, considering you were offers invittions to treat to the two propective buyers.
Legal rule that damages paid to the aggrieved party in a breach of contract case should be sufficient in amount to put that party in a position it would have been had the breach not occurred. ''
In an hour what damages can they honestly claim for. I think you have breached a contract and should offer a sum to cover any costs he may of inccurred, and dispute the loss of bargain costs, which i think will be very difficult to prove, considering you were offers invittions to treat to the two propective buyers.
cs174 said:
The claim does not include any other evidence to support the 'loss of bargain' other than essentially the WhatsApp messages and the adverts of similar cars.
I don't think he needs much more than that to be honest. cs174 said:
Would Buyer A have had to actually purchase a similar car for £28,500 to have incurred a loss of £2000?
nopeThesprucegoose said:
''Defination
Legal rule that damages paid to the aggrieved party in a breach of contract case should be sufficient in amount to put that party in a position it would have been had the breach not occurred. ''
In an hour what damages can they honestly claim for. I think you have breached a contract and should offer a sum to cover any costs he may of inccurred, and dispute the loss of bargain costs, which i think will be very difficult to prove, considering you were offers invittions to treat to the two propective buyers.
Did you read anything anyone else has posted in this thread? what you have written is absolute garbageLegal rule that damages paid to the aggrieved party in a breach of contract case should be sufficient in amount to put that party in a position it would have been had the breach not occurred. ''
In an hour what damages can they honestly claim for. I think you have breached a contract and should offer a sum to cover any costs he may of inccurred, and dispute the loss of bargain costs, which i think will be very difficult to prove, considering you were offers invittions to treat to the two propective buyers.
tinnitusjosh said:
cs174 said:
The claim does not include any other evidence to support the 'loss of bargain' other than essentially the WhatsApp messages and the adverts of similar cars.
I don't think he needs much more than that to be honest. cs174 said:
Would Buyer A have had to actually purchase a similar car for £28,500 to have incurred a loss of £2000?
nopeDifference in value or cost of cure
"In many cases, even though the defendant has breached the contract, the claimant can pay for a third party to cure or reinstate so as to put the claimant in as good a position as if the defendant had performed. For example, the claimant might pay for repairs to rectify a breach of warranty of quality by a seller of goods, or a partial non-performance by a builder. Where already incurred by the time of trial, such a cost will be recoverable from the defendant providing it was not so unreasonable as to be a failure to mitigate and/or a break in the chain of causation.
Where the cost of cure has not been incurred at the date of trial, it will only be recoverable where incurring the cost would be "reasonable" in all the circumstances. This is because a claimant will always have a choice not to cure the problem caused by the breach. A claimant may instead, either simply live with the consequences, or use the market to offload unwanted or defective property and replace it with better property. Accordingly, in such cases, there can be two possible measures of loss:
- The cost of curing the breach.
- Damages for loss suffered if the cure is not undertaken (often called the "diminution in value" measure)."
- I do some contractual negotiations but everything goes by a real lawyer first... I try to caveat that IANAL in PH posts.Everyone knows that advertised prices are there for wiggle room. When you out something up on AT the page says something about we recommend this price advert to get the actual price of y. AFAIK it's normally about 1k so should easily be able to knock down the claimed amount by that much imo. Plus there's a huge amount of variability in used cars, especially if it's not been inspected or purchased so I would argue there could be further reductions on any of the models compared to you.
shake n bake said:
The world we now live in, bizarre isn’t it.
O.P bails on an accepted offer. Buyer gets that much of a s
tty on at losing an agreed deal that he goes to court.
You're both knobs really but the buyer really has an axe to grind.
The basic principles of contract law have been established for hundreds of years.O.P bails on an accepted offer. Buyer gets that much of a s
tty on at losing an agreed deal that he goes to court. You're both knobs really but the buyer really has an axe to grind.
Integroo said:
Contracts are formed by offer and acceptance. You accepted an offer and entered into a contract. You are in breach of said contract.
Whether or not he can prove he suffered loss is another thing. If he is a dealer, then he could arguably have a claim for loss of profit. If he is an individual, he could arguably have a claim for the loss he suffered in purchasing another vehicle of similar quality at an increased price (if the agreement with you was a particularly good one).
I wouldn't laugh it off as quickly as others suggest.
Good lord how do you manage to keep coming up with such utter sWhether or not he can prove he suffered loss is another thing. If he is a dealer, then he could arguably have a claim for loss of profit. If he is an individual, he could arguably have a claim for the loss he suffered in purchasing another vehicle of similar quality at an increased price (if the agreement with you was a particularly good one).
I wouldn't laugh it off as quickly as others suggest.
te on these type of threads? Idiotic.rallycross said:
Integroo said:
Contracts are formed by offer and acceptance. You accepted an offer and entered into a contract. You are in breach of said contract.
Whether or not he can prove he suffered loss is another thing. If he is a dealer, then he could arguably have a claim for loss of profit. If he is an individual, he could arguably have a claim for the loss he suffered in purchasing another vehicle of similar quality at an increased price (if the agreement with you was a particularly good one).
I wouldn't laugh it off as quickly as others suggest.
Good lord how do you manage to keep coming up with such utter sWhether or not he can prove he suffered loss is another thing. If he is a dealer, then he could arguably have a claim for loss of profit. If he is an individual, he could arguably have a claim for the loss he suffered in purchasing another vehicle of similar quality at an increased price (if the agreement with you was a particularly good one).
I wouldn't laugh it off as quickly as others suggest.
te on these type of threads? Idiotic.I'll be interested to hear the outcome of this situation OP.
rallycross said:
Integroo said:
Contracts are formed by offer and acceptance. You accepted an offer and entered into a contract. You are in breach of said contract.
Whether or not he can prove he suffered loss is another thing. If he is a dealer, then he could arguably have a claim for loss of profit. If he is an individual, he could arguably have a claim for the loss he suffered in purchasing another vehicle of similar quality at an increased price (if the agreement with you was a particularly good one).
I wouldn't laugh it off as quickly as others suggest.
Good lord how do you manage to keep coming up with such utter sWhether or not he can prove he suffered loss is another thing. If he is a dealer, then he could arguably have a claim for loss of profit. If he is an individual, he could arguably have a claim for the loss he suffered in purchasing another vehicle of similar quality at an increased price (if the agreement with you was a particularly good one).
I wouldn't laugh it off as quickly as others suggest.
te on these type of threads? Idiotic.Lots of lawyers about today.........
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