Legal Advice - Amazon lost my parcel, now won't supply the goods.

Raymond Lin said:
There can be no betterment.

You won't get a penny more than what you've paid out which you got in refund. You cannot sued for price difference of the guitar from another source.

The value of the guitar is the value you purchased at, not the value of someone else priced it at.

Drop it now, you'll look silly in court.
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Ray - If that is the case, can you please explain the following? I'm quite open to being wrong, but there appears to be legislation that absolutely disagrees with you.

http://www.legislation.gov.uk/ukpga/1979/54/section/51

51 Damages for non-delivery.

(1)Where the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer may maintain an action against the seller for damages for non-delivery.

(2)The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the seller’s breach of contract.

(3)Where there is an available market for the goods in question the measure of damages is prima facie to be ascertained by the difference between the contract price and the market or current price of the goods at the time or times when they ought to have been delivered or (if no time was fixed) at the time of the refusal to deliver.
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"(1)Where the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer may maintain an action against the seller for damages for non-delivery."

The problem I see is that it's not that Amazon neglected or refused to send the parcel. From the sounds of things, it got lost in the post. The fact that the tracking information went as far as dispatched and all that means that they've done their end of the bargain.

The fact that it went missing is a risk of shipping, it happens at times. All Amazon would have been able to claim from the postal company is what your brother paid which they promptly refunded.
 
Kuros said:
"(1)Where the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer may maintain an action against the seller for damages for non-delivery."

The problem I see is that it's not that Amazon neglected or refused to send the parcel. From the sounds of things, it got lost in the post. The fact that the tracking information went as far as dispatched and all that means that they've done their end of the bargain.

The fact that it went missing is a risk of shipping, it happens at times. All Amazon would have been able to claim from the postal company is what your brother paid which they promptly refunded.
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This.

It is a no go OP. Suck it up and move on.
 
Pez said:
Ray - If that is the case, can you please explain the following? I'm quite open to being wrong, but there appears to be legislation that absolutely disagrees with you.
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Quote:
http://www.legislation.gov.uk/ukpga/1979/54/section/51

51 Damages for non-delivery.

(1)Where the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer may maintain an action against the seller for damages for non-delivery.
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Amazon didn't wrongfully neglect or refuse to deliver - they actively dispatched. So already you have fallen short.

(2)The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the seller’s breach of contract.
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The measure if damages is the amount you paid for the item, 280 quid, you got all of that back. The Seller didn't actually breach any contract they fulfilled the contract by dispatching the product.

(3)Where there is an available market for the goods in question the measure of damages is prima facie to be ascertained by the difference between the contract price and the market or current price of the goods at the time or times when they ought to have been delivered or (if no time was fixed) at the time of the refusal to deliver.
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Apart form the fact this doesn't apply to you in the slightest, see point 1, the market value of the goods at deliver time is the price you paid for it from Amazon, 280 quid, you got that back.
 
I won't/couldn't say how it would go in court but I deal with this a fair bit at work and generally with contract law the requirement is to either deliver the goods or to put the other party back in the state they were before the contract was entered into which 99.999999% of the time is fulfilled by refunding any money taken and in some cases you might be successful in getting additional costs like fuel where appropriate. You will be extremely lucky to get any payment for a difference in value for having to go elsewhere.

Normally you won't have any recourse under damages for non-delivery unless you can prove something intentional rather than just the item being mislaid in delivery.

(The goods do technically belong to you at the point of despatch but the other party still has the obligation of either delivering them to you or putting you back in the original state - that aspect doesn't change).
 
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Hikari Kisugi said:
Okay how about you leave us alone now.
Take it to court, and then come back and regale us with stories of your victory.
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"Leave us alone"? Grow up... This is a forum, I've not broken any rules, if you don't like my post, don't read it.

I've already said I'll post an update if he does choose to take further action, regardless of the result.
 
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