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![]() | Home > Off Topic > Mobile phone issue. 02 Dont want to know ! |
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Steve D Member Since: 19 Jan 2013 Location: Essexshire Posts: 4109 ![]() ![]() |
By buying the battery you've sort of accepted the fault. Should have backed it there and then. Insure it. Then lose it. |
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ReggiePerrin Member Since: 13 Mar 2013 Location: Derbyshire Posts: 1291 ![]() ![]() ![]() |
Does O2 know that a new battery was purchased? Maybe The Doctor will have an idea of how to obtain redress??? |
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Badger1970 Member Since: 21 Sep 2012 Location: Southam, Warwickshire Posts: 1372 ![]() ![]() ![]() |
As Steve D. These |
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The Doctor Member Since: 09 Jul 2010 Location: Gallifrey Posts: 4615 ![]() ![]() |
Oldgeezer, your phone was purchased from either an O2 shop or direct from O2's website etc I assume? In any case, your contract for the phone itself, regardless of the network service, is between you and the seller.
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oldgeezer Member Since: 09 Apr 2011 Location: Wiltshire Posts: 1303 ![]() ![]() ![]() |
Hi Guys
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The Doctor Member Since: 09 Jul 2010 Location: Gallifrey Posts: 4615 ![]() ![]() |
The issue of ceasing your contract is separate to enforcing your rights under SOGA. You can keep the contract running and still bring a claim against the store purely on the quality or lack thereof of the phone itself.
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RichP Member Since: 21 Sep 2014 Location: Worcestershire Posts: 1369 ![]() ![]() ![]() |
Doc, Would I be correct in thinking this was 'vicarious liability'? Donoghue vs Stevenson? |
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The Doctor Member Since: 09 Jul 2010 Location: Gallifrey Posts: 4615 ![]() ![]() |
Rich, Donoghue v Stevenson was a case about duty of care under the law of tort, specifically negligence. Basically a customer purchased a bottle of ginger beer for a friend but there was a dead snail in the bottle and the friend became sick. The manufacturer was sued but said no duty owed. The court found otherwise.
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