Problem Question Moot PLEASE HELP :)

Craobh Rua Lua

Would anyone be able to help me with this? I'm on the respondent side and I'm really stuck, I was thinking that Brendan should be suing the courier rather than the company and terms and exclusion clauses but that's all that i've got. Thanks
Baggott v. Toyz On-Line Ltd.
Brendan Baggott is an advertising executive with a love of electronic gadgets. After
attending the “Toys for Overgrown Boys” exhibition in the R.D.S. in November, he
decides that he simply has to have the “Robo Doberman” he sees in the show. He
finds an Irish company, Toyz On-Line Ltd., that sells the product from its website and
has a closer look at the product description which is as follows:
Brendan has always wanted a Doberman but his girlfriend is allergic to dogs so the
Robo Doberman is the perfect compromise! On 29 November 2012 he, clicks on the
icon for the product, then proceeds to the purchase page. He enters his own e-mail
address, his credit card details and directs that the product be delivered to his best
friend’s house because he is planning a holiday and won’t be at home to take delivery.
His best friend had purchased a product from a competing Irish company costing
twice the price of Brendan’s purchase but which was entirely satisfactory, according
to his best friend.
The next morning, he receives an e-mail from Toyz On-Line Ltd. which confirms his
order and states that the contract is subject to the terms and conditions of the website.
There is a link to these at the bottom of every page of the website but Brendan never
bothered clicking on it. He had never bought anything from Toyz On-Line before but
he had bought products from many other websites with similar displays of links to
LIFE SIZE, LIFE LIKE ROBO DOBERMAN!!! LOOKS,
SOUNDS AND EVEN SMELLS REAL!!! ROBO
DOBERMAN CAN BE FED AND TAKEN FOR WALKS.
JUST WATCH OUT FOR HIS SUPERSHARP TEETH!!!
THIS IS ONE DOG WHOSE BITE IS WORSE THAN ITS
BARK.
EXCELLENT AS A FAITHFUL COMPANION AND
FEARSOME GUARD DOG. MOTION SENSORS ON
THE ROBO DOBERMAN DETECT INTRUDERS AND
Moot Problem Hilary Term 2013
their terms and conditions. The terms and conditions of Toyz On-Line contained
provisions which included the following:
1.1 By ordering a product from this website, you accept all of the following terms and conditions.
These are subject to change at any time and it is your responsibility to check them regularly before
ordering in case of any changes.
1.2 The website does not accept any responsibility for damage to the goods which occurs during
transit or delivery.
When Brendan got back from his holiday, his best friend dropped over the Doberman
which he had not removed from the protective packaging in which it arrived. It turned
out that the Doberman was not very life-like in appearance: it was the size of a small
puppy rather than an adult Doberman. Furthermore, it did not make any noise at all as
the button for that function had broken off and was in the bottom of the box in two
pieces. The dog was also unable to move as the motor inside it was missing a part.
Toyz On-Line had already taken payment from Brendan’s credit card. It initially
ignored Brendan’s e-mails complaining about the product and eventually responded
by post a month later stating that the terms and conditions excluded liability for the
matters complained of. In the letter, Toyz On-Line enclosed a copy of their terms and
conditions, the heading of which read:
Terms and Conditions of Sale – 28th November 2012 Version
Highlighted with a marker, was the following section:
Amendments
Clause 1.2 is hereby amended by the addition of subclause 1.2A
Clause 1.2A No liability shall be accepted where a product ordered is smaller than
advertised
Brendan is very angry and takes an action for breach of contract against Toyz On-
Line in the High Court. He loses and appeals the case to the Supreme Court.

Tom Young

Sorry for your troubles!

Moot .... Usually a competition or adversarial.

Get your opponent to join, or put them on notice of your query.

I've closed this thread, not to be mean, not to make life difficult for you, but to encourage you to head off, read up, decide your weak/strong points and compete with your adversary fairly and squarely.