Tesco Direct – Misrepresentation, breach of contract and my rights?

[MissFM]

Re: Tesco Direct – Misrepresentation, breach of contract and my rights?

That is fantastic news Johnboy! Congratulations x

[charitynjw]

Re: Tesco Direct – Misrepresentation, breach of contract and my rights?

http://www.legalbeagles.info/forums/...-clarification

Reading through the linked thread, countryman lost his case due to the judge's interpretation of s7 SOGA & the word 'perish'.

While it is a possible correct interpretation given the facts of that case (the item had been lost), this case concerns an item which was incorrectly substituted.

IMO, a different 'kettle of fish'.

[MissFM]

Re: Tesco Direct – Misrepresentation, breach of contract and my rights?

Reading through the linked thread, countryman lost his case due to the judge's interpretation of s7 SOGA & the word 'perish'.

While it is a possible correct interpretation given the facts of that case (the item had been lost), this case concerns an item which was incorrectly substituted.

IMO, a different 'kettle of fish'.

Thanks Charity - yes, it's different (learning curve here) but....

though it's luckily now academic as Tesco is putting things right for Johnboy - if they hadn't, he WOULD have lost a bargain (whether that applies also in the strictly legal sense is what I'd like to know)...

and I still think those t&c's are fishyx

[des8]

Re: Tesco Direct – Misrepresentation, breach of contract and my rights?

Although Johnboy's problem is solved, on the matter of buying on line this recent thread on LB is of interest: http://www.legalbeagles.info/forums/...ht=#post385433

and discussing loss of bargain:http://www.legalbeagles.info/forums/...ht=#post378459

They just go to show that if it's a legal dispute you're looking for, you can find authorities for either view