The tadpoles I left in a basin at the end of the garden have disappeared. Can I sue the general store?

Question

The basin was clearly faulty...

Answer 1

I think you should take the basin, with water in, back to the shop and ask for a refund. Film the whole episode and then sell it to Monty Python for a sketch on their show.

Answer 2

The big question here is - Did the general store know that they were selling a basin for you to store tadpoles in? If they did not know that was the purpose for your purchase then they unlikely to be at fault as the basin was probably fit for more usual uses.
Rather than a law suit, I would think that we probably have a case of mistaken identity here or perhaps absconders. Either the tadpoles have grown up and you didn't recognise them, or maybe they just looked for a better home than a basin. Maybe it would be a good idea to leave the basin exactly where it is and take a look next spring to see if the tadpoles come back.

Answer 3

While laws concerning sale of goods date back 100 years, the only phrase you need to memorise is 'The Sale of Goods Act 1979 (as amended)'.

The 'as amended' is important because it refers to laws which have extended the basic 1979 Act and using the phrase tells the trader that not only do you know basic consumer law, you know it has been amended too.

The Sale of Goods Act lays down several conditions that all goods sold by a trader must meet.

The goods must be:

as described
of satisfactory quality
fit for purpose


As described refers to any advert or verbal description made by the trader.

Satisfactory quality covers minor and cosmetic defects as well as substantial problems. It also means that products must last a reasonable time. But it doesn't give you any rights if a fault was obvious or pointed out to you at point of sale.

Fit for purpose covers not only the obvious purpose of an item but any purpose you queried and were given assurances about by the trader.

If you buy something which doesn't meet these conditions, you have the potential right to return it, get a full refund, and if it will cost you more to buy similar goods elsewhere, compensation (to cover the extra cost) too.

Note, however, that the right to reject goods and get a full refund only lasts for a relatively short time after which a buyer is deemed to have 'accepted' goods. This doesn't mean that the buyer has not legal redress against the seller, just that he/she isn't entitled to a full refund.

Instead a buyer is first and foremost entitled to have the goods repaired or replaced.

If these remedies are inappropriate, then you're entitled to a suitable price reduction, or to return the goods and get a refund (reduced to take account of any wear and tear).

The act covers second-hand items and sales. But if you buy privately, your only entitlement to your money back is if the goods aren't 'as described'.

If goods which are expected to last six months don't, it'll be presumed that the goods didn't conform to the contract at the time they were bought, unless the seller can prove to the contrary.

In all other situations, it's for the consumer to prove their own case (that is, that the problem existed at the time of the contract). This will prove more difficult the longer you've had the goods. Subject to this, a consumer has six years from the time they buy something in which to make a claim.

You are in possession of the facts and circumstances of your purchase of the item, including any enquiries you made at the time about the intended use.

One thing you have not mentioned is whether you also kept goldfish in the basin. They eat tadpoles!

Answer 4

Really now!!!
If the basin was clearly faulty.... why did you buy it?
Can you prove that some passing birds didn't indulge in a snack?
How much you think this lawsuit would be worth?
Do you have a good lawyer to defend you in a frivolous lawsuit counteraction?

I hope you get my drift......

Answer 5

No your head is, tadpoles turn into frogs and your tadpoles have metamorphosed into frogs. Why did you get tadpoles anyway? If they haven't grown up Magpies just Love 'em. So don't be a fool in the law courts trying to sue.

Answer 6

They are now frogs or the birds made a meal of them.
Sue the store? I think not,just buy your self a gold fish.
Isn`t it also illegal for stores to sell wild life ? such as tadpoles
Mmmmmmmm

Answer 7

you have inadvertently presented a breeding floor no longer tadpoles yet mosquitoes. Tadpoles boost better and boost legs. Mosquitoes, boost wings and fly out. it extremely is totally consumer-friendly for this to happen in status water. previous tires are a fave. the two sell off it out or pour somewhat oil on the water. which will kill them. you do no longer choose for those little vampires feasting on you.

Answer 8

They've turned into frogs and hopped away.

They sometimes come back to spawn though - its weird, we used to collect taddies from the local pond when I was a kid and keep them in a stone trough in the garden - they'd grow little legs - turn into tiny little miniature frogs and then hop away.

Next spring though we'd find frogspawn in the trough and sometimes glimpse adult frogs in the garden!!

Answer 9

Tadpoles grow into frogs and hop away! Rivet rivet.

Answer 10

Maybe they turn to frogs and hop away or some hungry birds ate them.