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-   -   Please give advise to claim for damages under United Kingdom Law - Contract (https://www.askmehelpdesk.com/showthread.php?t=452096)

  • Feb 26, 2010, 05:25 PM
    absolutenewbie
    Please give advise to claim for damages under United Kingdom Law - Contract
    Can you please help me with advise on a situation to claim damages.

    A person was selling some books with a notice to reply any offers within 7 days. I posted them a letter via first-class the next day after seeing the note, agreeing to buy the book for £100, or £4 more than any other bid, whichever was the greater. On the very same day I wrote them an email telling them that I confirm my posted letter re the book.

    9 days after they posted the sales note, they delivered the books to another person who had made a bid £89. The seller confirmed they read my email but did not receive the letter by post.

    The book's market value is £300, and I want to seek damages. Please give me some advise thanks.
  • Feb 27, 2010, 12:53 AM
    AK lawyer

    Damages for what? Under standard common law principles, they never made you an offer. In fact they specifically solicited offers, one of which you made. I don't see any duty on their part to accept your offer, to accept the highest bid, or to do anything other than to reply to your offer within 7 days. If they failed to do this, by simply saying "no", how are you damaged? No offer having been accepted, there was no contract with you.

    Incidentally, I have never really understood why some people send an e-mail and yet feel compelled to post the same thing. It's like wearing a belt and suspenders at the same time. :)

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