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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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I never mentioned 45USN having to argue that there was no contract. They can rebut but the onus is on BUL33T's friend to convince the Court.

I commend your courage that many people do not possess to speak out and question before you accept, but the law is more complex than common sense. Common sense alone does not solve a legal problem but does help to avoid them. I am not trying to outsmart anyone, but merely give some helpful advice to BUL33T and offer some options. Many people have no idea of their respective rights and obligations.

By the way, thank you for your commendation. Law is challenging but I am doing very well thanks.

Yeah i went and had a look at this ute, the owner was an alright kinda guy, he looked after it very well, dunno about driving wise tho, he fishied up a whole street with me in it haha.

That really does suck badly for your mate tho! I would definetly confront him, explain to him face to face the loses that your mate had to pay for!
Sorry to hear man. Unbelivably built ute!

Calling somebody a "dog ass" is an insult I take it?

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Now now, remember back to when you wrote;

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So in plain language, 4susn would have to prove no contract was made, otherwise 4susn would get reamed.

You should add that unless Bul33t's mate has a witnessed written contract, his case is going to be extremely hard to prove that a solid agreement was made. You should also mention that at uni you also learn how to talk up how such a good case can be made, just so you secure the customer. Win or lose, the lawyer gets paid. Sounds like lawyers are just like mechanics except they dont get their hands dirty.

There is not enough ( should read ANY ) hard factual evidence for bul33t's mate to win in court. You said its also up to the judge. Well what odds can be put on that one? 2-1 or 100-1?

If that case could win. I would begin arranging to take my family on a holiday to NZ.
10 easy steps I would take;
1. Place wanted ad in NZ paper for a Green Monkey.
2. Pick any number out of the NZ phone book
3. Note down the address of this number and the persons name.
4. Call this number everyday for 3 weeks and abuse the person.
5. Book plane tickets and hire car and accomodation.
6. Send a letter Registered mail to this person, with the letter simply saying call me big boy and my number.
7. Wait for them to call.
8. Go on holiday to NZ , then come home.
9. Get a copy of phone records to prove I called this person and they called me at the last minute to pull out.
10. Get proof I sent a deposit to this person and they received it. ( mail was registered post - too easy )
11. Go to court and sit back.

Only thing I dont have is evidence the person originally called me to say they had a green monkey for sale. But since I already have more cold hard documented evidence than Bul33t's mate, I dont think it will be a problem. If he could win on only Verbal Statements, I can win with hard evidence and easily be compensated for my costs.

What you think Frodaddy? I might open up my own budget travel agency. Motto " Why work hard for a holiday, when you can work smart and take it easy ". I could even employ yourself to be an in house lawyer.

Somehow I dont think I would have a leg to stand on just like Bul33t's mate.

i completely disagree with what ur saying phunkdoktaspok really when it comes down to it the courts need to be alot smarter then that

first off as u know a green monkey does not and never will exist so u will never win there........

i reckon without a doubt u should confront the seller of 4susn no questions asked

say look mate i am very disapointed at the fact that i have spent x amount of dollars on travel transport etc etc and after all this you go and sell the car from underneath me ......i would appreciate it if you could reemberse me a sum of money for my troubles due to your stupidity........

U have the option of doin this in person or
* a letter from a solicitor which can easily be done.......

my client informs me that............etc etc etc...........and if a sum of money is not reciecved by (date) ....further action will be taken to regather this money from you....in whatever way is possible


hope i could be of help

Dude do you even have a clue
Pink Elephant,
Green Monkey,
Call it a 5 foot Ant.
Point is, If Bul33t's mate has a case with absolutely no evidence. Then I can make up any old story and have and as good or if not better case with evidence.

Re-thinking now. Obviously you have no clue. God help this world we live in.

And If you came up to be and asked for a re-embursement. I would laugh in your face. Who do you think the guy is? A goodwill charity? If I want to sell a car, I wouldnt hold it, for someone just to turn around and not show up. If you got the cash now, take the car now. Obviously the guy didnt want to take a deposit. So to me obviously he wasnt wanting to hold on to the car.
If you advertise something in the paper and I call you, say I want it. Then drive to you and find out you already sold it. Tough luck.

Do any of you guys even think? Even for a few seconds.

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I think that is a bit harsh. I see the strong belief you have in your point, and it has driven you miles off the main road. Maybe you should give up your imaginary animal act and think for more than a couple of seconds because obviously you have jumped straight on a boat without checking whether it leads to the right destination at any time along the way.

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They do not have to prove anything! As you can see, my explanation of a choice to rebut is shown. The onus does not rest on them. 45USN can sit back and do nothing, but if they wish to voice their opinion on the said facts they can. If BUL33T's friend has a weak case, they lose. If it turns out to be strong then the defence will try to take its legs out from underneath it, but my point is one of ONUS.

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Thus, your whole analogy fails.

Every case has its own features and you are trying a legal analysis (without any legal knowledge) on a set of facts which are unrealistic and differ from these stated.

Chances are, that 45USN's counsel will not question the actual oral contract itself. It is much easier to win a case on a questin of law than a question of fact for them in these circumstances. They will probably argue that there was no intention for the oral contract to be binding and contracts to contract are a grey area.

And yes, the courts are smarter than you think they/you are.

Thanks for your helpfull feedback guys..

Frodaddy and fat14's you both sound like you know how to handle such a case and I have shown my mate all of your comments. My mate is still really fustrated at the moment and due to this guys actions.

Ill let you know what he intends to do with this low act carried out by 45USN.

I suggested he speak to his solicitors and go from there but at the moment he is still not completely with it.

Some of you guys where asking how can he prove that he was intending to buy the car and the car was sold to him ... well... im no enstein but couldnt he prove this by;

1) Showing receipts for 3 return plane tickets to Brisbane/Sydney

2) Booking details of the TNT truck (which includes 45USN home address.

3) Phone records (he called him every nite for a week).

4) Annual leave forms from his work and mates work.

5) Showing the cheque to the courts made out to 45USN (his full name on cheque)

6) An agreed time/place to pick up and price with 45uSN and my mate.

Now your telling me thats not enough information/proof that the car was sold to my mate>>??? If the car wasnt sold to my mate why would my mate have all his personal details>>??

This really gets me frustrated could you imagine my mate.... The thing is his been saving for ages and always liked this ute... Its heart breaking!!!!

Pretty simple really...

You already have plane tickets and his address. You know he's cashed up as he just sold the ute. Go see him and get you cash back.