Martin runs a small internet café business in Portsmouth.
Martin buys five new 27” Super Gaming monitors for £150 from ComputerTrader Ltd via the phone. The monitors are for the customer computers in his café and he intends to use wall mounts to place the monitors directly onto the walls.
When the monitors are delivered, he notices missing backplates leaving a small proportion of the back of the monitors uncovered. However, this part would later be covered by the wall mounting device. He also finds the contrast and colours of the screens to be very disappointing.
The following day he receives an ad from a different seller, , who offer the same product for only £99. He contacts CompterTrader Ltd and explains that he terminates the contract because of the faults. CompterTrader Ltd acknowledge the issues and promise to remedy the faults immediately but are unwilling to accept Martin’s termination.
Consider whether either party is in breach of contract and assess which remedies might be available