Snookerballs wrote:Grafenwalder wrote:Snookerballs wrote:Grafenwalder wrote:Snookerballs wrote:Regardless of the discrimination,
So we now have the situation if a contract is signed, sealed and settled , one can still back out using religous grounds leaving the Client out of pocket .
I'm not sure where you're getting this from but there was no 'signed contract', simply an order and that's not 'a contract'. Gareth Lee was never 'left out of pocket' either. He went to another bakery, got his cake and slogan..then decided to take action against Ashers. Anyone else would have moved on but Lee was obviously on his activists mission which has now backfired spectacularly on him.
This case has cost almost £500k so i would hope Mr Lee is ordered to pay his share in costs.
The News media appear to be a bit misleading regarding this Court Case A verbal Contract is different under English Law.
There does not have to be a signed contract in English Law, A verbal contract can be upheld in an English Court so long as it follows the guidelines,
An Offer ( order the cake)
An Acceptance ( Bakers accept offer)
Lawful Consideration ( Customer gives Baker a Cheque/cash for the cake)
Certainty of Terms ( Both Parties have agreed a contract money has been accepted, Customer walks out of shop)
Once the customer has walked out of the shop it is too late for the Bakers to change their mind and cancel the order, if there are any changes to the order that is up to the Customer to accept ,
However as this Court Case is Irish Law which does not apply to England , ( Ireland still will not approve the Abortion Law )
https://www.blakemorgan.co.uk/news-events/blog/you-said-it-was-ok-can-you-make-verbal-agreement/
To save you trawling the internet searching out sites to support your failed narrative i suggest you take a look at the Supreme Court judgement instead. It's 30 pages long but 30 pages of the actual case rather than any internet whataboutery.
https://www.supremecourt.uk/cases/docs/uksc-2017-0020-judgment.pdf
I thank you for your link, you will note the heading on the first page states the case is based on the Northern Ireland Act 1998 ( that has no such standing in English Law )
Not sure what your point is over that other than UK parliament established devolved legislation for NI, hence the current issues surrounding Brexit with hard borders and their 'little Englander' mentality.
This incident occurred in NI and the first two hearings went through NI courts. That figures given thats where the incident happened (would have been a court in Wales if it had been a Welsh baker). But the Supreme court presides over appeal cases from England, Wales, Scotland,
and NI. The Supreme court found the lower courts in NI had incorrectly interpreted the law and now thankfully, corrected that matter.
Even if Mr Lee fancied his chance at trying the same mischief with an English bakery in England, he'd have eventually been met with exactly the same as the Supreme court found Ashers had
never discriminated against Lee over his sexual orientation as he'd tried to claim, indeed he'd been a customer there before. Their objection was the message logo on the cake.
All hinges around ECHR rulings 9 and 10 which rules you cannot force someone to accept a personal/political view they disagree with (the exact para is somewhere in that Supreme court link i posted) and the Supreme court passed judgement correctly. Can you not see that this covers all parties? For example a gay baker cannot be forced by a heterosexual couple to make a logo "marriage is only between man and woman".