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A verbal contract carries the same weight as a written one. It is just harder to prove.

What I should have included is the fact that it is up to the judge to decide who is telling the truth.

Based on the facts given to me, it would be my advice that it is very likely that this could be proved but I made a mistake before with my dog's dinner comment. Nothing in law is ever 100% but many cases such as these have been proven.

It is like the many cases involving the posting of offers and acceptances. When an acceptance is posted, it is complete upon the actual posting. Thus, when it never arrives to the seller and is lost, there is no proof of a formed contract. However, the honesty of a man is judged along with the surrounding circumstances. Who says they ever posted it? Only they know but the courts can go on this and further arrangements to complete the contract are admissible as evidence, and can be compelling. False stories are often easy to spot too.

It is the onus of the plaintiff to establish that a contract was formed. In some cases it may not be easy, but it is not impossible and any supporting evidence helps such as the arrangements.

At the end of the day it is up to the purchaser to decide whether the probabilities of success are worth it.

ps. I am not meaning to sound condescending here but law is often misunderstood and thought irrational to the layman. That is why we have lawyers don't we?

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Well there would be a breach of contract and maybe even misrepresentation if you could prove there was an existing binding contract. I doubt the judge would believe you though and did we have a mutually organised time for pick up, price etc?

This can easily be proved! The courts are faced with these types of contracts all of the time. There is even evidence of a trip made and transport for the car setup. This helps BUL33T's friend heaps in many ways in contract law.

I think you are out of your league here phunk. That logic you speak of is the law and it takes someone in the know to apply it as there are various mitigating factors.

I am currently studying law at uni and have done this section of contract law. It would be difficult for 45USN to argue his way out of an intention to create legal relations here as a reasonably solid agreement was had.

Oh yeah, I have a replacement but it is broken so I will ring a friend who should have a replacement. I hate looking at UN 1200. It is not un 1200 dammit!

Thankfully no other damage but why steal that badge and not the rarer side Datsun ones. My centre caps are siliconed in pretty well. I wonder if my alarm put them off doing more damage?

A deposit is not needed for a legal contract to be binding. If there is a sense of completeness in the contract (ie. price, pick up arrangements/date etc) then the courts can enforce a breach of contract and provide a remedy.

Phone records are not needed either. There are many cases where they are not available. One thing that must be known is when the offer and the acceptance were made. (Not a specific time but more like who made the offer and acceptance).

Caveat emptor is more relational to the situation where you would have bought the ute Coops and then not got what you paid for. (In private purchases)

If you have any further questions just ask me. There maybe further facts such as conditions etc that could be of use.

The point is that this guy would likely be dog's dinner in a court of law as you cannot back out of an agreed contract like that. All telephone, letter, fax etc contracts are as good as a written one. Once acceptance is complete, a revocation is not possible such as the phone call the night before.

Cheers
Brock

I came home today, walked up my drive and what did I first notice...

Someone had tried stealing my Datsun 1200 Badge on the bootlid of my Coupe and in the process had snapped it off leaving UN 1200.

They would have had to come up a long drive where my Coupe is out of view.

It is in the garage now for the next week just in case...

Has anyone else had any badge stealing incidents?

Wish I could. Have fun you guys that are going.

Search the forums with the search button. There is heaps of discussion there and useful information.

1/ The head will have to be found at a wreckers etc and this should not be too hard. Unsure of costs but it is a simple bolt on for your Sunny A12. The flow this head will create is good for the following modifications too.

2/ Extractors are often for sale and can range from $50 right up to $250 new ones (not counting the expensive Nismo ones). They are a bolt on in place of your manifold and a bit of welding down below to connect to the exhaust.

3/ Now this is the most expensive part. If Steve is talking about twin Webers as I guess, then I know in NZ they are around $400-500 second hand and people in Australia have recently noted around $800 for a decent pair. This may be a little high though so you will have to find an average price in your locality.

A new inlet manifold will have to be sourced and these range from about $100 second hand and somewhere in the $200 region for new items. A linkage kit is also required as well as filters and jets etc. Search the forums for photos and information.

It can be heavily subsidised though by finding a setup already complete for sale.

The last alternative could be to install an A14/15 as the power increase alone is the cheapest upgrade.

Hope this helps as a starting guide.