落訂取貨時臨時加價問題

Question

早排我落訂買左一隻game, 今日我去取貨時個老闆話來貨貴左, 所以要加價...
我落訂時佢又冇講明會有臨時加價既可能...結果就要俾多d錢先取到貨...

我疑惑點解 來貨貴左 唔係應該由商人承擔, 而要轉嫁給消費者?

雖然只係幾十蚊, 但我想問法律上有冇條文係關於呢方面既事...
即是究竟個老闆咁做有冇犯法?

Answer 1

你應該是不用給多幾元

有原因︰
你落單那時，對方已經講咗個價

offer
An offer is an expression bu one person of a group of persons, made to another, of a willingness to be bound to contract with other person or persons, on terms which are either certain or capable of being made certain.

佢話個價給你，已經算是offer

咁你落訂，就是acceptance
An acceptance of an offer is an indication of the offeree's willingness to be bound unconditionally to a contract with the offeror, on the terms stated in the offer.

咁你acceptance
對方不可以counter offer
If a counter offer is made, it had the effect of acting as a rejection of the first offer, and that first offer becomes incapable of acceptance


除非你未acceptance
對方counter offer你

不可以事後改價

這個是contract law

To constitute a valid (有效)contract, the following must all be present:
offer
acceptance
sufficient consideration
intention to create legal relations
legality, and
Capacity to make the contract

咁佢給咗張單就已經是contract的一部分
如果佢話收多錢，就breach contract

Discharge by agreement
By accord
The orginal contract mayy be discharged in one of a number of ways. The first is by accord and satisfaction where relief from the contract is 'bought' by the provision of some of consideration.

如果佢有給consideration，都可以discharge by agreement
但是，你這個情況都冇，也要對方acceptance

不可以因為來價貴，就收多錢，下一次就得