Ought store compensate me $100 for paying mover to return mattress of wrong size? I bought a Full XL mattress and bed frame from a store in Ontario, but they delivered a California King – they contended they didn't have Full XL. I can't accept the King as it won't fit in bedroom! I called them to pick it up, but they insisted on charging $250 especially as I live in a rural area. I escalated to the Manager but she said the same. I can't lift – let alone move – them, and paid movers $100 to transport both back to the store. The store refunded me for the mattress and bed frame, but not $100. They emailed Your request for $100 is inappropriate. This is final, and we will not respond to you any more on this matter. What's the most fitting case on remoteness of damage? Hadley v Baxendale [1854] EWHC J70? The Achilleas [2008] UKHL 4? FYI, ON Small Claims Court charges $102 for filing a claim.
You are probably entitled to the $100 (more or less) They breached the contract and you are entitled to damages (what it cost you) for dealing with their breach if they are unable or unwilling to remedy their breach. This would include the reasonable cost of your disposing of the unwanted mattress plus or minus any difference in the price from you sourcing the equivalent mattress elsewhere (subject to any legitimate terms of the contract that allow them to cancel the contract if they can’t supply). Of course, it’s not worth suing over such a trivial amount but this is the sort of thing the consumer protection regulator in your jurisdiction would be interested in.
This smells strongly of "bait and switch" fraud: offer a product at an attractive price, then "discover" that the product is not really available at that price. By that time the customer has sunk costs and is therefore willing to accept an alternative product with a lower quality or higher price than was originally promised. Looking at the homepage for ".club" it seems that they do indeed offer different prices for different names. I see "examples.club" listed at $101 while "model.club" is listed at $19,000. From your post it sounds like your hosting company have cancelled your purchase and will not actually charge you the higher fee. This is, as you say, a very dodgy practice. You might want to move to another company which is more up-front about unknown costs for such domains. If you have already paid the £7.99 then you are entitled to that money back. You do not have to accept a different name: that would be a classic bait-and-switch scam. They are NOT entitled to charge you a higher price unless you agree to it. If they won't return your money or try to charge you more then you should drop them like a hot brick and report them for fraud. Edit in response to question edit The situation is not clear-cut, and will probably depend on the exact wording in the company's terms and conditions to determine exactly when the contract was formed. An article about a similar case in The Telegraph had this to say: The legally binding contract is complete when a retailer accepts an order. However, acceptance does not necessarily happen at the point of order. Even the confirmation email may not be an acceptance. Some retailers reserve the right to cancel an order up to the point of delivery. It is therefore important to carefully check the retailer’s terms and conditions (which must be available on their website) and emails – if a retailer simply acknowledges an order, there may be no contract at that point. Lots of companies have T&amp;Cs saying that there isn't a contract until they actually deliver the item, so if they don't deliver then they are not in breach of contract. The company may also be able to argue that its offered price was so grossly disproportionate that it was an obvious mistake and therefore they should not be held to it. UK contract law is based on the concept of a "meeting of minds" where two people have the same view of the contract and agree to it, but this is rather problematic when one of the minds was represented by a buggy computer. You might be able to counter this by showing that they are still doing it, and hence this is an ongoing business practice rather than an honest mistake. Ultimately your only options, assuming they decline to honour the purchase, are to either accept the refund or take them to court requesting an order of specific performance.
Yes it is kind of possible what country would the legal action need to originate from? Would one file in the US and note the foreign defendant or would one file, as a foreigner, in the home country of the defendant? You can go either way. It is not obtaining the judgment that is the biggest trouble here, but enforcing it. You will need: A UK mailing address. Services like ScanMyPost will suffice. Some money to pay the court fees. Time, tenacity and patience to follow through the procedure and fill all necessary forms. Be lucky in that the defendant actually has something to pay the debt with. There are two stages: Obtain a court judgment in your favour. Unless the defendant pays you, enforce the judgment. Obtaining court judgment in the UK In the UK, the "small claims court" functions are executed by HM Courts &amp; Tribunals Service. The specific service is called "Claim for money" which can be filed online via their old or new system. So, basically, you file the online form, pay the fee by credit card and wait for defendant's response. If they do not respond, you ask the court to make a judgment (in my case it took 10 weeks from filing claim to getting judgment). If the defendant responds and defends themselves, expect much longer wait and uncertain outcome. Enforcement So, you and the defendant have both received court judgment saying that they must pay you. But they are not paying. There is a range of options you can choose from: County Court Warrant of Control (claims from £50 to £5,000). Court bailiff will go to the defendant's address and try to seize goods that can be easily sold. High Court Writ of Control (claims from £600). Attachment of earnings order (you ask the court to order the defendant's employer to deduct his earnings in your favour). Third-party debt order (a.k.a. "Garnishee Order") — if you know the defendant's bank account details. Read about potential pitfalls here. Charging order: you will only get paid if the defendant sells their land. Bankrupt the defendant (big court fees!). Alternatively, you could always hire a UK lawyer but then you would probably not need this answer.
I would let the hotel know about it. If the injury requires a hospital visit that resulted in costs then, I would contact your travel (and/or personal) insurances and ask them how to deal with it. The main question you have to ask yourself, is it worth it to spend the time and effort (which equals money in the end) to try to "gain" something from the hotel ?
While I don't like agreeing with a landlord, you are in the right here. Your tenants do not have the right to access the property now they have moved out. If they were still living there things would be different and it would be reasonable for them to fix minor damage (to preserve their deposit). They did not do so. Get the damage fixed professionally, keep all reciepts, and take it out of the deposit.
I want them to give me the promised price ... You can’t make them do this. A business that has posted an incorrect price is not obliged to sell for that price. See https://law.stackexchange.com/a/4466/344 ... and I want them to stop the Misleading advertising You can’t stop them yourself but you can report them to the relevant authorities. These are the ones you linked to: NSW Fair Trading for state law breach and the ACCC for Commonwealth breaches. Misleading pricing is a breach of both state and Federal law. Can you please give a practical advice? No. If you want legal advice, hire a lawyer. What can I do? Where should I complain? See above.
The simple answer is, get a lawyer and explain your case, and pay him to solve the problem (or tell you that it's hopeless). The two main questions would be whether the appraiser have any duty to you, and whether his action was within the scope of what he is supposed to do. If you hired the appraiser, he has a duty to you. I will assume it was you that hired the appraiser (if it was the bank, that's a different matter). Then the question is whether his action or non-action is within the scope of the job. If the place is infested with termites, that is probably irrelevant because an appraiser is not a termite inspector. On the other hand, if he failed to measure the structure, or erred substantially in the measurement, that kind of negligence could be legally actionable. The seller (not the appraiser) is required to "disclose", so it's not obvious that there is any thing that an appraiser could disclose that relates to a map.
Is this something for small claims court Yes. The explicitness of your prior leases overrides the statutory variations that might exist among jurisdictions in this regard. And the total of 50$/month for six or seven years indicates that you would have to pursue recovery in small claims court (at least if the landlord refuses to reimburse you). In Wisconsin, the statute of limitations for breach of contract is six years. See 893.43. Statute of limitations means the lapse of time upon which claims of certain type are no longer actionable. Thus, you would only be able to recover the fees of the latest 6 years except for this year's lease, since your current lease no longer specifies that the landlord will cover that cost. For more information on small claims courts, see chapter 799 of the Wisconsin statutory law.