Contract Law question

If I take up an offer for a certain amount of items at a discount price what would be my position if the seller doesn't deliver all the items due to them running out of stock? In this situation the seller doesn't inform the buyer prior to delivering the reduced number of items and keeps the full amount of the previously agreed fee. I actually have a law degree but it's so long ago things are a little hazy. I'm thinking it's contract law and along the lines of misrepresentation and part performance? Probably why I only got a 2.2.

Reloc8

In theory you would claim breach of contract, damages measurable by reference to the cost to you of procuring replacement goods versus the agreed sale price or, if the goods were not otherwise available to you, measured by expected profit margin to you of selling the goods agreed to be furnished.

Subject to terms and conditions agreed between you and the seller - it is not unusual for a supplier to exclude liability for failing to supply if the goods are not available to you.

On the discount price option - was it that the seller was paid for 100 items and delivered 90 but wants to keep the monies paid for 100 ? That's nonsense. Buyer is entitled to a refund of that.

finnegan101

Reloc8 wrote: »

In theory you would claim breach of contract, damages measurable by reference to the cost to you of procuring replacement goods versus the agreed sale price or, if the goods were not otherwise available to you, measured by expected profit margin to you of selling the goods agreed to be furnished.

Subject to terms and conditions agreed between you and the seller - it is not unusual for a supplier to exclude liability for failing to supply if the goods are not available to you.

On the discount price option - was it that the seller was paid for 100 items and delivered 90 but wants to keep the monies paid for 100 ? That's nonsense. Buyer is entitled to a refund of that.

indeed, and option to return the complete order if he wished !!