Bob wins an auction for an uncommon item for £100. The seller fails to take payment or deliver the goods. There weren't that many other equivalent items available online at the moment.
Bob's purchase was used, but very lightly and in nearly new condition. All of the other items currently available online are either of a different model/size, or come without certain components included in the price, or are in significantly more dilapidated condition, or all of the above, and are in any event selling for at least £250 and up.
New units of this product retail for £450.
Expectation damages are supposed to put a claimant in the same position they would be in as if the contract had been performed. But if this is not possible in the current market climate, then is it fair to claim for a new unit at the price sold at by the manufacturer? This puts Bob in a better position then he would have had if the contract had been completed.
Suppose the defendant defends the claim and instead of paying Bob the price of a new one proposes to the court to simply fulfill the original contract by selling Bob their used one at the original price and pay Bob's legal costs.
Is this still open to the seller?
Finally, is the original contract price of £100 that Bob would have paid for the used unit to be subtracted from the calculation of expectation damages?