hi. basically if i have applied for mobile contract over internet, filled in questions and got quote. clicked on ok button "to take advantage of offer"as they put it, wait for the documentation for me to sign to come through and they never send it. i email thema nd they say that the price quoted was wrong, therefore no contract. is this true or not? is the contract legally binding. Have i provided consideration? as much help needed as u can give!!! cheers. (with case examples too if u have any) cheers. Martin
2006-11-15 19:45:56 · 8 answers · asked by @@@Marty@@@ 1 in Politics & Government ➔ Law & Ethics
If you accepted a contract... on their part right or wrong, it is a legally binding agreement and they must honour it...
the honest truth is that you probably wont get much out of it getting 'legal' about it all, but from the scenario you've put across your quite correct, they have broke the law through breach of contract.
Personally, i wouldn't fight too much on this issue... just keep pestering them and they might offer you a comprimise.
2006-11-15 19:54:33 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Well I am a lawyer, and unfortunately the mobile phone company are right. A contract requires an offer and an acceptance, as well as consideration and an intention to create legal relations. It has been held that adverts are not "offers" which are capable of acceptance. The advert is merely an "invitation to treat". When you filled out the form, you made the offer to the mobile phone company, which they then did not accept. So there is no contract.
It is probably a trading standards issue though so you could consider reporting them.
2006-11-16 04:43:19 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Unfortunately, no. You have not provided consideration, and you have no contract with them. As the documentation they were going to send you required your signature, I assume that that document was the contract.
What you may have, if you have kept a copy of the original web page, is a complaint about false advertising, but I suspect that were you to read either the advert or their terms and conditions, you would find somewhere in it E&OE, or 'errors and omissions excepted', which gives thema get out in this type of case where they have advertised at an incorrect price.
I'm afraid there's nothing you can do about it apart from not use them again!
2006-11-16 03:57:17 · answer #3 · answered by winballpizard 4 · 0⤊ 0⤋
An offer to sell is just an invitation to treat, and the seller can withdraw that invitation. For instance, if you go in a shop and see an item that has been mispriced, the shop has no obligation to sell the goods to you at that price. Some will, however, as a mark of goodwill and you could always report the company for false advertising... but you're unlikely to win as legally you have no way of insisting the company complete the contract with you.
2006-11-16 03:57:37 · answer #4 · answered by wotsupputtytat 2 · 0⤊ 0⤋
Not a lawyer, but -
I don't think you can force them to give you a contract, you can only look for redress.
If the offer is treated like a shop window, it is an invitation to treat and they may have the right not to accept your order, same as if they didn't like your payment card. I don't suppose you have much of a case for damages anyway as you haven't paid for anything yet.
Your best legal avenue is probably with the Trading Standards people as they are advertising an offer which didn't exist.
2006-11-16 04:04:11 · answer #5 · answered by Drew - Axeman 3 · 0⤊ 0⤋
Information regarding the contract must all be correct in order to consummate the conditions therein. If there are wrong entries, the contract is not valid. Thus, see to it that the right answers or information will be entered in the questions profounded by the mobile company.
2006-11-16 04:22:22 · answer #6 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
i do know that alot of mobile companies are under investigation at the moment for bank fraud.
they take your bank details and use then to empty your account or sell them to someone else who will in the future.
i don't know if this has happened in your case but it sounds dodgy to me.
it's up to you what you do with this information but if i were you i would change my accounts and never trust an on line company. having said that shop contacts are just as bad.
i dare not use particular names as i may lead myself into a spot of bother as no one has been proved yet but watch this space it'll hit the big news soon.
2006-11-16 04:03:14 · answer #7 · answered by tuppassister 4 · 0⤊ 1⤋
Honey, it sounds like you got SCAMMED! I really hope they didn't take your money!
If you gave these people your credit card info,, then you need to cancel your credit card, or else they will take the money out monthly and you be paying for a phone that you are not using.
2006-11-16 03:55:48 · answer #8 · answered by Daft One 6 · 0⤊ 0⤋