can i sue the delviery company if my item was damage during delivery but they only offer to refund. Item was bough at a hugh discount and is no longer available unless order brand new from oversea. which they are not willing to compensate.

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    LegalHelp

    answered on 07/03/2019

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    This depends on what kind of damages you are seeking. Generally, it will not be possible to seek performance from the seller (ie for them to deliver the product to you), unless the item is something unique (eg a valuable antique). In this case, it is unlikely that your item will qualify as a brand new one can be ordered from overseas. As for damages, you may be able to sue on breach of contract for the difference in value between the discounted price and the higher price that you eventually buy the product at. This is subject to you mitigating your losses.

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