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Example 1: Magnus buys a computer
Magnus,a resident of the EU Member State Utopia, in August 2015 ordered on the Internet a new computer from World Wide Computers, a business based in the neighbouring EU Member State Dystopia. The advertisement, all in English, said that the supplier “shipped all over Europe”.
When he had received the computer, Magnus sent an e-mail to World Wide Computers, claiming termination of the agreement and damages for loss, as a similar computer would now cost him extra. Magnus argued that there was a delay, as the computer had been delivered only after 35 days. Under Utopian law, delivery in a case like this must be within 10 days, unless otherwise agreed. Further, the computer was delivered with Windows 7 and that was not to be expected, in Magnus’view (the advertisement just said “Windows”). The hardware keyboard was adapted to the Dystopian language and thus lacked several diacritical characters of Utopian. The advertisement had no information on keyboards.
World Wide Computers did not accept any of Magnus’ claims. First, they referred to the general terms which Magnus had accepted by ticking a box at the website. According to the general terms, all contracts were made under Dystopian law. Further, according to the general terms, the supplier had no liability for software, and under no circumstances could the consumer claim damages for non-performance. Under Dystopian law, termination for delay was allowed only if the seller had been given an additional time for delivery. As for the keyboard, this was a minor lack of conformity, not justifying termination, as Magnus would receive some extra keys and could fix the keyboard himself. In any case, neither Utopian nor Dystopian law had rules on digital content(something which Magnus had to admit).
Example 2: Helga’s paint job
Helga, also a Utopian resident, was refurbishing her flat and bought 10 litres of white paint from the local paint shop. She did the painting herself, but after a couple of days, she noticed that there must have been something wrong with the paint, as the walls now had yellow and brown spots. The paint shop admitted that she had received some faulty paint and agreed to give Helga 10 litres of new paint, but they did not accept her claim for payment of the cost of professional repainting of the walls, something that would amount to five times the cost of the paint. Discuss the case on the basis of relevant EU law.
Example 3: A wedding cake for Ellen and Ivar
Ellen and Ivar ordered a big and very special wedding cake, and the baker had been working on it for days when he finally called them in the morning of the wedding day: “We did not agree on transport, but now one of your neighbours is here and he is driving past the hotel where you are celebrating your wedding party this afternoon. Is it OK if he brings the cake in his car?” Ellen and Ivar agreed. Just as the neighbour was taking the cake out of his car at the front of the hotel he was run down by a law student on her bicycle (she was late for a lecture). The cake was completely ruined.
Ellen and Ivar had to celebrate with fruit and sweets. They did not accept to pay for the wedding cake; on the contrary, the felt entitled to damages for pain and suffering, as the wedding party was spoilt.Discuss the case on the basis of relevant EU law.