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Griff

Cancelled A Cc Booking

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Hi MauriceH

 

Is this the root of the problem?

 

A contract to be legal needs (amongst other things) a consideration - a fancy word for money,

so since no money changes hands then no contract exists - therefore no action for breach of

a contract can be made. ..

 

A deposit system would have the money bit covered but then those that have 'loadsamoney'

would still book everything (but not go and not be bothered) - those who have little money

may not be able to afford to book anything ever - and that is certainly not a better system.

 

Obligation is something rather different and in modern life some people do just as they please

rather than what is 'expected' or 'the common good' - blimey I sound like my Dad. ..

 

neil

But hasn't the "consideration" been given -- and taken when the person who booked the site does not show up - thereby taking a benifit in kind -- ie a nights pitch fee. .

Maurice

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DEFINITION - A contract is an exchange of promises between two or more parties to do, or refrain from doing, an act which is enforceable in a court of law.

 

It is a binding legal agreement, that is to say, a contract is an exchange of promises for the breach of which the law will provide a remedy.

 

Agreement is said to be reached when an offer capable of immediate acceptance is met with a "mirror image" acceptance (ie, an unqualified acceptance).

The parties must have the necessary capacity to contract and the contract must not be either trifling, indeterminate, impossible or illegal.

 

Contract law is based on the principle expressed in the Latin phrase pacta sunt servanda (usually translated "pacts must be kept", but more literally "agreements are to be kept").

By the very act of using the booking service the member has entered into a legally binding contract, it is down to the action (or lack of) by the Caravan Club in seeking (or not) recompense for breach of contract, that allows the member to get away wth it.

 

GPS

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