James operates an online business which retails party accessories. In recent weeks, James has had some disagreements over a number of matters and now seeks your advice:

(a) Evangeline, a children's party organiser, contacted her friend James, to enquire about the price for 100 packs of 'Lion King' Party sets. James replied stating the price was £10 per pack and he had sufficient stock to despatch immediately upon payment. Evangeline replied saying she would like to order them but as some of the small children attending events preferred Unicorns, she only wanted 60 sets of the 'Lion King' packs and 40 packs of the Unicorn sets. Before James replied, Evangeline, who is a regular customer, proceeded to transfer payment of £1,000 for the 100 packs.

However, the Unicorn packs are £15 per pack not £10. James contacts Evangeline telling her the new price and says that unless he receives the additional payment, he cannot supply the goods. Evangeline then contacts James stating 'I am disappointed that my order has not been sent and that you are asking me for more money'. Evangeline goes on to say she will take him to court if he

does not deliver the goods in light of the money she has already paid.

(b) An advert in the local newspaper appears stating:

For Sale
Ford Van Price £10,000.

The advert states the first email to be received accepts the offer. James immediately replies by email at 6.00 am on the Saturday morning to say he would like to purchase the van. James subsequently finds out that the van has been sold to someone who sent an email at 9.00 am on Monday morning. The owners of the van inform James that as his email was sent out of hours, his acceptance was invalid.

(c) James decides to expand his business by developing his premises. In December 2021, he enters into a contract with Premium Builders to construct a new warehouse for storage. The price agreed is £200,000 to be paid in four stages of £50,000. The builders commence work and the first three payments are made successfully. Due to unavailability of materials, there is a delay and by the time the warehouse is finished, James has experienced a decline in profits due to the economic crisis. James tells the builders that he cannot pay the final £50,000 but would be prepared to pay £20,000 in full and final settlement. He believes that Premium Builders are struggling for cash and, on that basis, are likely to accept the lower amount. He then uses what remaining money he has to pay off his overdraft and tells the builders that he considers the £20,000 payment is fair given they delayed finishing the project. The builders agree to accept the £20,000 but in December 2022, they send James a letter indicating that unless he provides a payment plan to pay the outstanding £30,000 they will have no option but to recover this amount via the courts.

What advise should be given to james for the above scenario

Answer rating: 100% (QA)

Advice for James in the Given Scenarios a Party Accessories Order Legal Perspective James should ful... View the full answer