monstrous lie
Infinitely Baffled
No,I don't think that is correct. If you have agreed to sell him one then you owe him an egg. And if you can't lay your hands on one yourself then you have to put him in funds to get one elsewhere. Of course, if £500 is the going rate, then you have satisfied your obligation simply by giving him his money back. But if the market rate is, say, £800, then that is the amount you will have to give him.I get that, but if I have 5 Faberge eggs for sale at £500 each inc delivery and 6 people come in the shop, I may say to the 6th person "yes you can have one" without knowing all 5 have gone. I take his money and give him a receipt. Contract made. I then go in the stock room and the 5 I have are on the wagon for the other 5 buyers. I have no contract obligation to find a 6th and deliver it to him. It's a Faberge egg after all. I don't have them every week. I have an obligation to give him his money back, but that's all. Correct, pr not?
Someone upthread suggested that the seller's liability would be limited to refunding the amount paid, because he would have fixed his T&Cs to say so. The law in this area is very complicated, and I have been out of this game for years so I'm not going to stick my neck out too far, but I think any such term in T&Cs would be invalid. You can't usually contract on terms that exclude the operation of the law. It's contrary to public policy.
ML