How to get a screen accurate Sonic Screwdriver from MFX

Before I go on, I suggest you all read this: http://celestialtoystore.blogspot.com/2009/11/gorton-answers-questionsort-of-actually.html

As you can see, Gorton's own words have painted a staggeringly inconsistent and downright contradictory picture of the MFX sonic screwdriver.

These inconsistencies will come back to haunt him as I have identified that legally, MFX have painted themselves into a bit of a tricky corner. Let me elaborate on this.

Mfx have sold their sonic screwdriver as a totally screen accurate prop replica. They have claimed to have measured and replicated a single prop. This prop:

He states on his website "All the measurements, dimensions, materials and paints used are exact to the original filming prop used by David Tennant"

However, I have shown that this is utter rubbish as virtually no dimensions match. See here: http://celestialtoystore.blogspot.com/2009/10/analysis-of-mfx-sonic-screwdriver-and.html

Gorton has subsequently changed his story and stated that any differences in his version were down to there being several different props but he himself stated that he used a SINGLE prop for reference (the one above) ergo his replica should be identical as promised.

MFX have therefore contracted with you, the buyer, to supply a replica that is 100% identical to the prop above.

Furthermore, on their website, and on their current March Sale flyer, they post a picture of their prototype. This one (the top one):

A prototype that IS virtually identical to the prop but far from identical to the replica they actually have supplied. They have used a picture of a materially different item to that supplied as part of their sales description.

MFX have not only misrepresented their product in law, but also is in breach of the UK Sale of Goods Act 1979 S.13(1)

Section 13(1) provides that where the buyer is sold goods by description, the goods must correspond with this description.

Clearly, the goods supplied do not correspond with the description.

This is very, very easy to prove in court:

The above prop which they claim to have copied and an MFX replica should be compared and measured in court.

The sonic screwdriver used for the sales picture should also be compared also. I bet that this sonic too, would not be the same as the MFX replicas supplied to customers.

Under the law of misrepresentation (of which I am sure Neill Gorton is guilty of fraudulent misrepresentation), you can sue for either damages or you can have the contract rescinded. This really doesn't help you get a screen accurate sonic out of MFX. Indeed, Neill Gorton has magnanimously agreed to refund anyone who is unhappy with the accuracy of their sonic. A cop-out that avoids legal action and the prop and replica being measured in court, no doubt.

However, there is another way.

You start an action in the UK County Court and claim for breach of contract under the Sale of Goods Act 1979 S13(1) and having established the prop and the replica are substantially different, you request 'Specific Performance'.

Specific Performance is an equitable remedy in UK law that requires a party to perform what they were obliged to do under the contract. In this case, supply a screen accurate sonic as promised and as illustrated in the photo they showed.

Usually specific performance is quite difficult to get as a remedy as most contractual claims tend  to involve personal services or fungible goods (ie, goods that can be exchanged like-for-like on an open market). However, in this case the sonic screwdrivers that MFX are supplying are non-fungible in nature and also exhibit characteristics of being unique in character since they are only available from MFX. Therefore damages cannot adequately compensate since you cannot go and purchase another sonic screwdriver like it.

So there you have it. My advice, if you can be bothered, is to sue MFX on the grounds listed above and request specific performance.

Being the spineless chickenshit that he is, Neill Gorton will probably offer you a full refund. You should stick to your guns and refuse. Take the fucker to court and I guarantee you will win on the grounds stated. If anything, it will prove once and for all whether Neill's dimensions on his replica are all wrong.