How did this guy not win his case ?
Discussion
Sorry for fail link
http://www.dailymail.co.uk/news/article-3474828/Go...
Sounds like the judge was a member of the golf course. But seriously it says WIN THIS CAR not a cheaper car - how did he lose?
http://www.dailymail.co.uk/news/article-3474828/Go...
Sounds like the judge was a member of the golf course. But seriously it says WIN THIS CAR not a cheaper car - how did he lose?
He entered a competition which probably said "pay £10 and win a car" he thought great, paid his money, entered.
Contract made on that basis, if he wins he is entitled to a car, where he bought his ticket it probably just said "a new Corsa".
Because they didn't make any representations to him that it would be a car worth £14k before they entered into the contract, they are not required to give him a £14k car.
It's pretty sharp practice by the club to do that, but I can see why he lost, he was badly advised if he was told he had a very good case.
Contract made on that basis, if he wins he is entitled to a car, where he bought his ticket it probably just said "a new Corsa".
Because they didn't make any representations to him that it would be a car worth £14k before they entered into the contract, they are not required to give him a £14k car.
It's pretty sharp practice by the club to do that, but I can see why he lost, he was badly advised if he was told he had a very good case.
AdamIndy said:
The pic shows in big red writing, "win THIS car". I too would have been pissed at being offered a base model 1.0 crapbox.
I personally would have just taken it and flogged it but I can see why he went to court. Very misleading.
The problem is that he didn't see that until AFTER he'd bought his ticket. The argument is that he entered into a contract to win A car, not THAT car.I personally would have just taken it and flogged it but I can see why he went to court. Very misleading.
AdamIndy said:
The pic shows in big red writing, "win THIS car". I too would have been pissed at being offered a base model 1.0 crapbox.
I personally would have just taken it and flogged it but I can see why he went to court. Very misleading.
I think the important line in the article is "However, he has been told he lost the court battle because he had not seen the car before the tournament."I personally would have just taken it and flogged it but I can see why he went to court. Very misleading.
In which case I'm guessing when he bought the ticket it was to win 'a car' and his contract was based on that simple fact which has been fulfilled. It sounds like he didn't see the car pictured until after he purchased the ticket and so it didn't factor into him entering the contract.
I could be wrong and I'm sure one of our resident legal types will be along to explain further but if that's the case it doesn't seem quite so clear cut.
PorkInsider said:
I'm confused as to how him being awarded £7,500 but having to cover legal fees of £10,000 has left him £3,500 out of pocket.
It's a s
t awful report, but at a guess: - he didn't get the car on display on the course because no such car was identified prior to him buying his fee to pay golf (the time when the contract was made). Chances a "a car" was said to have been on offer at the point of sale.
- he "won", in that he was entitled to have "a car" or its value which the Judge considered was worth £7,500.
- The golf club made an early offer to settle the case and pay him a greater figure - say £9,000. He rejected that offer, went ahead, and although he won, he didn't beat the offer that the golf club had previously made. The result of which was that he had to pay the golf club's legal costs from the time he rejected their offer. Which were £10,000
I can see his point of view, but (a) he hit a golf ball; (b) that won him £6.5k; (c) he was then offered maybe £9k; (d) he (foolishly as it turns out) held out for £14k. For hitting a golf ball.
"Greedy" comes to mind.
marshalla said:
AdamIndy said:
The pic shows in big red writing, "win THIS car". I too would have been pissed at being offered a base model 1.0 crapbox.
I personally would have just taken it and flogged it but I can see why he went to court. Very misleading.
The problem is that he didn't see that until AFTER he'd bought his ticket. The argument is that he entered into a contract to win A car, not THAT car.I personally would have just taken it and flogged it but I can see why he went to court. Very misleading.
Would the golf course not have to justify having that particular car on display, with that writing on it? Surely with that advertising, they would have to offer THAT car as a prize in some sort of competition.
AdamIndy said:
Would the golf course not have to justify having that particular car on display, with that writing on it? Surely with that advertising, they would have to offer THAT car as a prize in some sort of competition.
"A Vauxhall Corsa" was provided by the local Vx dealer - but the actual 1.0 -spec hadn't been delivered in time, so they stickered up their demo for the day.Greg66 said:
- The golf club made an early offer to settle the case and pay him a greater figure - say £9,000. He rejected that offer, went ahead, and although he won, he didn't beat the offer that the golf club had previously made. The result of which was that he had to pay the golf club's legal costs from the time he rejected their offer. Which were £10,000
I suspect you are right - it was a Part 36 offer that he failed to beat.I also suspect that the golf club were insured in relation to this and the insurers would have been indemnifying them and covering the legal fees for the defence. It is usually the case that the win a car tee prizes are usually covered for a small premium (given the small risk).
Edit - I have now actually bothered to read the article and note that the insurance was only up to a ceiling...
These prizes are normally insured by a specialist Insurer such as http://www.ukholeinone.com/
The premium depends on the par of the hole and distance and would cost circa £400 for cover of about £7k
What tends to happen is you select cover (I assume the golf club purchased cover of £7k) and then ask a local car dealer to provide a car on the day to encourage people to take part and in return the dealer tries to sell cars to the golfers.
I guess the dealer brought a car along that was worth more than the £7k cover purchased as they felt they would be more likely to make sales on a better looking model than the base model
The premium depends on the par of the hole and distance and would cost circa £400 for cover of about £7k
What tends to happen is you select cover (I assume the golf club purchased cover of £7k) and then ask a local car dealer to provide a car on the day to encourage people to take part and in return the dealer tries to sell cars to the golfers.
I guess the dealer brought a car along that was worth more than the £7k cover purchased as they felt they would be more likely to make sales on a better looking model than the base model
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