Telephone order, Contract law?
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Telephone order, Contract law?
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Y paid for an item over the phone at 1pm and she agreed the delivery with the sales assistant.
When the call ended the manager of the shop shared with the assistant that the same item has been sold 30min ago.
What would happen with Y( money back?) and can she sue the store for unavailability of the good?
Additional Details
which act is concerned with tel order and unavailability of goods so I can see which sections of the act(s) would be relevant
thanks for your ans so far :)
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Chris
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By the time of negotiating both parties had as it called ''a meeting of minds'' so they both intended to enter into contract and have legal relations. Since the item was paid already the seller is obliged to deliver the item as stated above. Yes she can sue the store for unavailability of the good. |
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Bob B
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In most countries, a corporation or business can't promise to supply an order that it is unable to supply.
As the shop assistant didn't know the item was sold, then as long as they refund the money, it's unlikely the court would order them to do much. If they refused to return the money, however, they could be sued. |
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Lea
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Being a manager is definitely a rated highly activity |
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