Amazon - Lost Parcel, won't supply the item again.

[Pez]

Evening all.

Before Christmas, both my brother and I ordered a Gibson Les Paul Junior via a lightning deal for £280 (usually £500), within minutes of each other. Mine arrived without issue the following day, however my brothers didn't.

He chased them at around 6pm after his delivery slot had been missed, to be told that it'll be there before 9pm. He called again at 10pm to be told that it's been delayed and will be with him tomorrow without fail.

Around midnight that night, the tracking changed to 'delayed due to external factors'. The last known location of the parcel was Nottingham. Over the next few days very little information was provided, only that it had been escalated to the exec complaints team.

My brother called Amazon again, and was told that the item was still in Nottingham, and that we could collect it if he was prepared to drive there. He looked up the address given and found it was registered to 'Park Logictics'. A phone call to this company in the morning revealed that they are nothing to do with Amazon, and they frequently have customers turn up expecting to collect a parcel, and have to then be told the truth.

Eventually an email was received, offering a refund as the parcel was now lost. This was declined on the basis that my brother would prefer to wait, as he will not be able to purchase the guitar elsewhere at that price.

2 days later, Amazon issued the refund regardless.

Do we have a case for loss of bargain?

Thanks in advance!

[R0b]

Re: Amazon - Lost Parcel, won't supply the item again.

Potentially yes, you may also have the option of specific performance, i.e. if a claim was made to court, an order that they deliver the guitar.

[CLL1]

Re: Amazon - Lost Parcel, won't supply the item again.

Loss of bargain based on what damages?

Specific performance won't be allowed here - the item can easily be replicated. SP orders are reserved for unique items (e.g., house sales). Remember that's an equitable remedy.

[Openlaw15]

Re: Amazon - Lost Parcel, won't supply the item again.

Loss of bargain based on what damages?

Specific performance won't be allowed here - the item can easily be replicated. SP orders are reserved for unique items (e.g., house sales). Remember that's an equitable remedy.

s.51 (3), SGA 1979 - non delivery, damages for the value between what the goods were worth and how much it would cost to buy them where available.

[CLL1]

Re: Amazon - Lost Parcel, won't supply the item again.

Not sure if this if pre or post CRA 2015. Given reduction in price, the market rule would make pursuing such a claim grossly ineffective.

[nemesis45]

Re: Amazon - Lost Parcel, won't supply the item again.

Loss of bargain based on what damages?

Specific performance won't be allowed here - the item can easily be replicated. SP orders are reserved for unique items (e.g., house sales). Remember that's an equitable remedy.

Have to agree with R0b, the guitar could be considered unique at the price offered.

nem

[CLL1]

Re: Amazon - Lost Parcel, won't supply the item again.

Have to agree with R0b, the guitar could be considered unique at the price offered.

nem

How? There are hundreds in existence!

[nemesis45]

Re: Amazon - Lost Parcel, won't supply the item again.

How? There are hundreds in existence!

Not at the price offered.

[CLL1]

Re: Amazon - Lost Parcel, won't supply the item again.

That does not merit an equitable remedy - there's clearly scope for damages. Unique =/= price, unique = item.

[Openlaw15]

Re: Amazon - Lost Parcel, won't supply the item again.

That does not merit an equitable remedy - there's clearly scope for damages. Unique =/= price, unique = item.

Expectation loss: party has the right to damages for what the goods would cost on the market as though the contract were performed: Robinson v Harmon (1848).

The rule when assessing damages in non delivery cases, is can the goods be purchased still on the market, if yes it's a specific performance remedy, if not, adequate damages is the only remedy possible. Robinson is res judicata - you don't need to invent the wheel twice as once it's decided, it's decided.

[CLL1]

Re: Amazon - Lost Parcel, won't supply the item again.

Hi David

Your second paragraph isn't quite right. Equity follows the law, so an equitable remedy will not be obtainable where a common law remedy is sufficient. Refund received, case shut. Surely you're not suggesting suing for £200.00? Especially for SP.

[Openlaw15]

Re: Amazon - Lost Parcel, won't supply the item again.

Hi David

Your second paragraph isn't quite right. Equity follows the law, so an equitable remedy will not be obtainable where a common law remedy is sufficient. Refund received, case shut. Surely you're not suggesting suing for £200.00? Especially for SP.

Equity runs parallel to the law as there can be a legal jurisdiction and an equitable jurisdiction. So, would equity always follow the law, no simply because law is strict and equity is discretionary - equity does what the law cannot.

[CLL1]

Re: Amazon - Lost Parcel, won't supply the item again.

"equity does what the law cannot" = "equity follows the law". Goodness me.

Specific performance will not be ordered where damages would be an equitable remedy. In nearly every case involving the sale of goods, it is considered sufficient to give the disappointed buyer money to buy replacement goods. He will not obtain the actual goods that are the subject-matter of the contract unless they are unique and could not be acquired elsewhere - for example, a special painting, such as the Mona Lisa. As real property (a house or land) is generally regarded in law as unique, this could therefore be a suitable remedy.

[Openlaw15]

Re: Amazon - Lost Parcel, won't supply the item again.

Hi David

Your second paragraph isn't quite right. Equity follows the law, so an equitable remedy will not be obtainable where a common law remedy is sufficient. Refund received, case shut. Surely you're not suggesting suing for £200.00? Especially for SP.

This does not take account of expectation loss, so even if the money were refunded (returned) the offeree has still suffered in consequence to the offeror's contract breach. If a business could say to another business, oops I've lost your goods in transit somewhere, tough titty - here's your money back. No, contract law doesn't quite work like that - there will be claims for losses including expectation loss where the remedy of specific performance is not obtainable.

[R0b]

Re: Amazon - Lost Parcel, won't supply the item again.

That does not merit an equitable remedy - there's clearly scope for damages. Unique =/= price, unique = item.

There may be scope for damages I never said specific performance was guaranteed it is the court's discretion as to do so. Where the claimant can be compensated the court will offer damages as a remedy.

The guitar isn't just any old guitar, if it can be replaced by way of damages then the court will prefer the option of compensating the claimant that way. If the guitar is unavailable or unique in some way then court may consider specific performance. Specific performance is not just confined to land or houses.

Specific performance also comes by way of s.52 of the SGA which is of course not an equitable remedy, albeit the courts will probably treat it the same way.