How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70107
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

i have a business supplying cars to far east. a supplier has

Customer Question

i have a business supplying cars to far east. a supplier has failed to supply cars on which i had placed deposits.

he claims mercedes cancelled the orders and is offering to re-order the cars or supply something similar.

my customer will not agree to this and is unlikely to buy from me again - over the next year this will cost me around £100,000.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

How can I help with this please?
Customer: replied 3 years ago.

what i really need to know is if i can claim damages against my supplier for the losses relating to losing this client.

Expert:  Jo C. replied 3 years ago.
The supplier is in breach of contract.

What you are trying to claim is called consequential loss or also in this case called pure economic loss.

That is indirect losses relating to the breach of contract.

For consequential loss to be recoverable it has to be "within the contemplation of the parties" so you would have to prove that the supplier knew that if any cars were not delivered on time and to the order specification, you would lose the customer and suffer extreme consequential loss.

Apart from the "within the contemplation of the parties" issue there is also the burden of proof on you to prove that you have lost all this profit as a result.

You are not entitled to recover turnover but only loss of profit.

To prove the loss of profit, you would need to get an experts report from a forensic accountant and base that upon the previous three years turnover and profit and produce some kind of proof that would have continued

If you went to court on this, and you lost for any reason, you could face substantial solicitor's costs if the supplier decided to defend it.

If the supplier is not in the United Kingdom you then have certain logistical problems in suing someone in another jurisdiction.

There is another issue which is that the supplier is not responsible for anything which is outside his reasonable control and if what he is telling it is true and he can prove that the manufacturer cancel the order or let him down, you have no claim.

All this should be covered in your terms and conditions and you may want to have them looked at for the future to avoid this happening again.

Solicitor will probably charge between £1000 and £2000 for reviewing your existing TCs and amending them to cover these kind of eventualities

Can I clarify anything for you?

Customer: replied 3 years ago.

thank you Jo. that is very clear and makes sense.

Expert:  Jo C. replied 3 years ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Previous | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice

Related Law Questions