A cake

Bosswhite said:
, Ashers accepted the deal to make the cake and recieved a deposit ,
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True, they accepted an order for a cake but it was at Ashers discretion to decide whether to decide whether or not to accept the order.
transam said:
so who took this caper to the the European court of human rights. ???
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It was the so called "equality commission" in N. I. , they are funded by the taxpayer, so they are always on the lookout for business to justify their existence.
The dysfunctional N. I. Judiciary found in favour of the complainant, it then went on appeal to the UK supreme court in London, resulting in the original verdict being thrown out, it then went to the European court, and once again the original verdict was thrown out.
 
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Vinty said:
The correct term is Roman Catholic, not "Catholic", Catholic means universal.
The term Roman Catholic has fallen out of use due to the decline in religious observance of the British people, they now don't know the diffence between a Catholic and Roman Catholic.
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So Roman Catholic has fallen out of use, and Catholic is now universally used, and you think I shouldn't use the term 'Catholic'? :rolleyes:
Have you thought this through!
I haven't used a question mark because it's a rhetorical question. I don't expect an answer because the answer is obvious.
 
motorbiking said:
Not correct. In contract law:

Deposits are unilateral
Payments on account are consideration (contractual element).

A deposit does not meet the criteria for consideration, they bind the buyer, not the seller.

That is why you should always refer to your "deposit" as a `"payment on account" or part payment.
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It looks to me as though a deposit is an agreement of a contract:
What the law says
When you agree to pay a deposit, it becomes part of a legal contract. Such contracts give rights to and place duties on you and the supplier.

Paying a deposit in a shop
A trader will sometimes ask you for a deposit if they are ordering or reserving an item for you. Always get a receipt for a deposit. The amount you pay should be deducted from the item’s price.

If you change your mind, the shop can legally keep your deposit. For a reserved item, they may also argue that they could have sold the item if it had not been reserved for you. If they do, they may insist that you keep your promise and buy it or else compensate them for their loss of profit.
https://www.nidirect.gov.uk/articles/paying-deposit


What happens when I pay a deposit for goods or services?
When you pay a deposit you are paying a percentage of the price of a product or service. Paying a deposit shows that you intend to buy the item and it means you are entering into a contract with the business. When you pay a deposit, you and the business agree:

  • the exact product or service that you are buying
  • the deposit amount
  • when the balance has to be paid
  • the date that the product or service will be provided
https://www.ccpc.ie/consumers/shopping/buying-goods/deposits/​
 
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Vinty said:
True, they accepted an order for a cake but it was at Ashers discretion to decide whether to decide whether or not to accept the order.
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The deposit completed the contract.

Vinty said:
It was the so called "equality commission" in N. I. ,
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I gather that you think the Equality Commission is unnecessary?


Vinty said:
The dysfunctional N. I. Judiciary found in favour of the complainant, it then went on appeal to the UK supreme court in London, resulting in the original verdict being thrown out, it then went to the European court, and once again the original verdict was thrown out.
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Incorrect. The ECHR judged the case as inadmissible on a technicality. That has no bearing on any previous judgements.
 
AngleEyes said:
It looks to me as though a deposit is an agreement of a contract:
What the law says
When you agree to pay a deposit, it becomes part of a legal contract. Such contracts give rights to and place duties on you and the supplier.

Paying a deposit in a shop
A trader will sometimes ask you for a deposit if they are ordering or reserving an item for you. Always get a receipt for a deposit. The amount you pay should be deducted from the item’s price.

If you change your mind, the shop can legally keep your deposit. For a reserved item, they may also argue that they could have sold the item if it had not been reserved for you. If they do, they may insist that you keep your promise and buy it or else compensate them for their loss of profit.
https://www.nidirect.gov.uk/articles/paying-deposit


What happens when I pay a deposit for goods or services?
When you pay a deposit you are paying a percentage of the price of a product or service. Paying a deposit shows that you intend to buy the item and it means you are entering into a contract with the business. When you pay a deposit, you and the business agree:

  • the exact product or service that you are buying
  • the deposit amount
  • when the balance has to be paid
  • the date that the product or service will be provided
https://www.ccpc.ie/consumers/shopping/buying-goods/deposits/​
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I don't know what you mean when you say
agreement of a contract
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did you mean element?


The argument presented was that taking a deposit formed a binding contract to deliver the goods. It did not. The two links say the same thing in more words.

Deposits are unilaterally binding on the buyer. Commitment to buy or else lose the deposit.
The supplier can back out of the agreement and refund the deposit.

Only the consumer can be out of pocket in this scenario as the deposit will be lost if the consumer backs out.

The deposit completed the contract.
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No - It did not form the necessary element of consideration to form a contract to supply. There are actually 5 elements of a contract though offer, consideration and acceptance are the key ones. The other two are intention and capacity.
 
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AngleEyes said:
It looks to me as though a deposit is an agreement of a contract:
What the law says
When you agree to pay a deposit, it becomes part of a legal contract. Such contracts give rights to and place duties on you and the supplier.

Paying a deposit in a shop
A trader will sometimes ask you for a deposit if they are ordering or reserving an item for you. Always get a receipt for a deposit. The amount you pay should be deducted from the item’s price.

If you change your mind, the shop can legally keep your deposit. For a reserved item, they may also argue that they could have sold the item if it had not been reserved for you. If they do, they may insist that you keep your promise and buy it or else compensate them for their loss of profit.
https://www.nidirect.gov.uk/articles/paying-deposit


What happens when I pay a deposit for goods or services?
When you pay a deposit you are paying a percentage of the price of a product or service. Paying a deposit shows that you intend to buy the item and it means you are entering into a contract with the business. When you pay a deposit, you and the business agree:

  • the exact product or service that you are buying
  • the deposit amount
  • when the balance has to be paid
  • the date that the product or service will be provided
https://www.ccpc.ie/consumers/shopping/buying-goods/deposits/​
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And for the attention of Motor Biking .

The Golden Rule in Commerce and Trading .

" The Customer is always Right " :evil::evil:
 
Any way the important point is

is that common sense prevailed and the court ruled in favour of the baker :cool:

and those who sort to cause trouble with there BS agenda we’re basically told to go and do one and hopefully are out of pocket
 
And than beneficiary’s if this caper
As per usual the scheister lawyers
Trousering a fat fee

the legal system in this country gets clogged up with fruit cakes bringing nonsense before courts
 
transam said:
......and the court ruled in favour of the baker
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The ECHR did not rule in favour of either party. The case was judged inadmissible on a technicality.
If you think that equality is not important in today's society, that is your opinion.
But please learn to differentiate between your opinion and distorted reporting of events.
 
The case was judged inadmissible, so the Supreme Court ruling stands. It's not a technicality to say we can't hear your case because we don't have jurisdiction. We cannot know that the claimant would have won, had they claimed it was their human rights - looking through the ruling and the tone, I'd say it was unlikely.
 
motorbiking said:
The case was judged inadmissible, so the Supreme Court ruling stands. It's not a technicality to say we can't hear your case because we don't have jurisdiction. We cannot know that the claimant would have won, had they claimed it was their human rights - looking through the ruling and the tone, I'd say it was unlikely.
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Of course you would.
I'd say they would have won. :rolleyes:
 
No doubt without reading the application or court transcript :rolleyes:
 
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