- The precise moment when a motorist keys in incorrect car registration details the contract has not yet been formed.
- Indeed , by changing his/her mind a split-second later the motorist could simply walk away free from any contractual obligations.
- The acceptance has not taken place since this requires money to be placed into the machine , with the issue of a ticket serving as proof of completion.
- Keying in incorrect information is therefore not a breach of contract . It is simply a case of not fulfilling a pre-condition of the offer , which in normal circumstances would cause the offer to lapse.
- The keying-in requirement is not part of any contractual performance on which breach of contract can be alleged. It is part of the process leading up to the formation of the contract , being a request for specific information.
- Therefore the motorist is only guilty of innocent misrepresentaion which means (a) the basis of the claim is wrong and (b) damages awarded can be no more than the loss incurred ( which is situations like these is always zero )