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Online Trainer Sale Dispute
Summary
Charlotte sold trainers without confirming ownership, leading to a potential breach of contract. Ivan, the buyer, may claim compensation for expenses and disappointment. Legal advice is recommended to address liability and potential remedies.Full Conversation
im going to write it in bulks so dont answer just yet
Got it! Please go ahead and provide the details in bulk. I'll wait for your response.
Charlotte is a student at Oxford Headington University. In addition to working hard and
attending her lectures, Charlotte has a side passion selling trainers online. She loves
Nike Dunks and is an avid collector and well-regarded seller. She has a storefront on
the app, TRNRS, and she is thrilled by the recent uptick in her business over the past
year. She is now selling on average * pairs of trainers a month!
On her hall in her student accommodation, Charlotte has made friends with Tim. Tim
owns a brand-new, very cool pair of trainers from the rare collaboration between Nike
and the artist Joel Koons, and the trainers have balloon dogs on them. Charlotte has
been talking to Tim, trying to convince him to let her sell the shoes on TRNRS. Charlotte
took a bunch of photos of the balloon dog shoes.
It sounds like Charlotte is doing great with her online business! Does she have any specific legal concerns about selling Tim's trainers or any other aspect of her business?
hold on im not done yet
Sure, take your time. I'm here to help whenever you're ready to share more details or have any questions.
That Thursday night, * April, Charlotte decided to post the photos of the balloon dog
shoes on TRNRS and she set the price at £*. Ivan, a trainee solicitor at the firm of
Price & Platt in London, was sitting at his desk working that Thursday night (* April) and
feeling sorry for himself because it was so late. He started scrolling through his phone
and suddenly the image of the Joel Koons x Nike collab on TRNRS popped up. In his
size! Ivan felt he deserved a treat and immediately pressed BUY. He was super excited.
Charlotte got up Friday morning and saw that Ivan had ordered the shoes. She sent an
order acceptance message right away, as her TRNRS reviews always commented on
how prompt she was at responding. Her message included an exemption clause that
the ‘seller is not liable if she does not have title to the shoes at the time of sale.’ She
couldn’t believe it had all happened so quickly, so she messaged Tim on Friday, *
April, to let him know.
Case Rating: *
It sounds like Charlotte might have a potential issue with the sale of Tim's trainers. Specifically, there could be legal concerns about whether she had the right to sell the trainers in the first place.
Could you clarify if Charlotte had Tim's permission to sell the trainers before posting them online?
It sounds like Charlotte might have a potential issue with the sale of Tim's trainers. Specifically, there could be legal concerns about whether she had the right to sell the trainers in the first place.
Could you clarify if Charlotte had Tim's permission to sell the trainers before posting them online?
hold on yet
Okay, I'll wait for the rest of the details. Take your time to explain the situation fully.
hold on
Alright, it seems like Charlotte's situation is quite detailed. Please continue when you're ready.
Tim wrote back on Monday, * April, that his brother had been to visit and,
unbeknownst to Tim, had taken the shoes out of the box and worn them out to the pub.
Tim’s brother had spilled red wine all over them and had gotten them so muddy that Tim
had thrown them out.
Ivan was getting really excited about his shoes and so he organised a party at the art
gallery/wine bar next to his flat in Shoreditch for what he called a ‘shoecase’ – an event
to showcase his new trainers. After work on Friday, * April, Ivan bought two cases of
red wine for £* total and put down a non-refundable deposit of £* for the event,
which was to be held the following weekend.
Case Rating: *
Charlotte might face issues related to the sale since she didn't have the right to sell the trainers without Tim's permission. Ivan may seek compensation.
Here are a few important points:
- Charlotte sold the shoes without ensuring she had the right to do so.
- The shoes were damaged and disposed of before they could be delivered to Ivan.
- Ivan incurred costs for a party based on the expectation of receiving the shoes.
Charlotte should consider the following:
- Legal advice on liability for selling the shoes without having the right to them.
- Potential compensation for Ivan's expenses and disappointment.
Would you like to know more about the legal implications or how Charlotte can address this issue with Ivan?
Charlotte might face issues related to the sale since she didn't have the right to sell the trainers without Tim's permission. Ivan may seek compensation.
Here are a few important points:
- Charlotte sold the shoes without ensuring she had the right to do so.
- The shoes were damaged and disposed of before they could be delivered to Ivan.
- Ivan incurred costs for a party based on the expectation of receiving the shoes.
Charlotte should consider the following:
- Legal advice on liability for selling the shoes without having the right to them.
- Potential compensation for Ivan's expenses and disappointment.
Would you like to know more about the legal implications or how Charlotte can address this issue with Ivan?
Charlotte wrote to Ivan on Tuesday, * April, and let him know that unfortunately the
shoes weren’t available any longer. Charlotte sent him a link to a different pair of Nike
Dunk x Joel Koons trainers, which weren’t in Ivan’s size and were £*. They also
couldn’t ship for two weeks. Ivan was furious. He went to his mentor, Ben, an
experienced solicitor at Price & Platt, and asked for advice about what he could do.
Advise Ivan
Case Rating: *
Ivan may have a potential claim against Charlotte for breach of contract and potentially misrepresentation.
Key points to consider:
- Charlotte accepted Ivan's order, forming a contract.
- She included an exemption clause, but its enforceability is questionable.
- Ivan incurred costs based on the expectation of receiving the trainers.
Would you like more detailed information on how Ivan can proceed legally against Charlotte?
Ivan may have a potential claim against Charlotte for breach of contract and potentially misrepresentation.
Key points to consider:
- Charlotte accepted Ivan's order, forming a contract.
- She included an exemption clause, but its enforceability is questionable.
- Ivan incurred costs based on the expectation of receiving the trainers.
Would you like more detailed information on how Ivan can proceed legally against Charlotte?
answer the question now based on this structure
Case Rating: *
Legal Guidance for Ivan
- Breach of Contract: Ivan can claim that a contract was formed when Charlotte accepted his order.
- Misrepresentation: The exemption clause might not protect Charlotte if it is found to be unfair or not clearly communicated.
- Compensation: Ivan may seek compensation for the costs incurred (£* wine, £* deposit) and possibly for disappointment.
Ivan should document all communications and expenses. Seeking legal advice would be beneficial to understand his rights and potential remedies. Would you like more detailed information on how Ivan can proceed legally?
- Breach of Contract: Ivan can claim that a contract was formed when Charlotte accepted his order.
- Misrepresentation: The exemption clause might not protect Charlotte if it is found to be unfair or not clearly communicated.
- Compensation: Ivan may seek compensation for the costs incurred (£* wine, £* deposit) and possibly for disappointment.
Ivan should document all communications and expenses. Seeking legal advice would be beneficial to understand his rights and potential remedies. Would you like more detailed information on how Ivan can proceed legally?
hold on
Sure, take your time. I'm here whenever you're ready to continue.
*) Have the parties entered into an agreement?
*) If so, is it a sale of goods?
a) Trader to Trader?
b) Trader to Consumer?
*) If there is a claim for breach of contract, is there an issue regarding
a Term of the Contract?
a) Is it an express or implied term?
b) A condition?
c) A warranty?
d) An exemption clause?
*) Is there an issue with a Representation?
a) Was it a false statement of fact (Misrepresentation)?
b) If so, was it innocent, negligent, or fraudulent?
*) Was the contract frustrated?
*) Is the party bringing the claim a party to the contract?
a) Or is it a third party?
*) What remedies or damages may be available?
Legal Guidance for Ivan:
*. Agreement:
- Yes, an agreement was formed when Charlotte accepted Ivan's order.
*. Sale of Goods:
- Trader to Consumer (Charlotte as seller, Ivan as consumer).
*. Breach of Contract:
- Term of the Contract:
- Express or Implied Term: The acceptance of the order formed an express term.
- Condition: Delivery of the shoes is a condition.
- Warranty: The quality of the shoes could be considered a warranty.
- Exemption Clause: Charlotte's exemption clause may be questioned for fairness.
*. Representation:
- False Statement of Fact (Misrepresentation):
- Type: Potentially negligent or fraudulent, as Charlotte didn't ensure the availability.
*. Contract Frustration:
- Not applicable; the shoes were available but were damaged by a third party.
*. Party to the Contract:
- Ivan is a party to the contract, not a third party.
*. Remedies/Damages:
- Ivan may claim:
- Compensation for the £* wine and £* deposit.
- Possible additional damages for disappointment and inconvenience.
Case Rating: *
*. Agreement:
- Yes, an agreement was formed when Charlotte accepted Ivan's order.
*. Sale of Goods:
- Trader to Consumer (Charlotte as seller, Ivan as consumer).
*. Breach of Contract:
- Term of the Contract:
- Express or Implied Term: The acceptance of the order formed an express term.
- Condition: Delivery of the shoes is a condition.
- Warranty: The quality of the shoes could be considered a warranty.
- Exemption Clause: Charlotte's exemption clause may be questioned for fairness.
*. Representation:
- False Statement of Fact (Misrepresentation):
- Type: Potentially negligent or fraudulent, as Charlotte didn't ensure the availability.
*. Contract Frustration:
- Not applicable; the shoes were available but were damaged by a third party.
*. Party to the Contract:
- Ivan is a party to the contract, not a third party.
*. Remedies/Damages:
- Ivan may claim:
- Compensation for the £* wine and £* deposit.
- Possible additional damages for disappointment and inconvenience.
Case Rating: *
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