I have seen an item in a shop prices @ £1.523 when really it should be £1,523.00
I seem to remember something from college law that this is an offer and if I accept and agree to buy the item when I go to the till to purchase it they have to sell this at the price advertised?
What is the case with this? If this is true, I need a water tight item before I go into the shop to acquire my goods. I need any potential responses the manager gives required, such as they can refuse to sell items and change their mind if this is the case, etc.
By the way, it is a large rich store so no nice small business owner is being effected!
2007-07-25 00:44:57 · 12 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Contract formation requires two things: a valid offer, and a valid acceptance.
So, when you go into a shop, for you and the shop to have a binding contract there must be an offer and an acceptance. Many people assume that when the shop puts them on display, they make an offer which you accept when you take them to the till and offer to pay. If this was the case, then when you went to the till, a binding contract would have been made and they couldn't turn around and say they price was different.
However, the real legal situation in the UK is that by putting the items on display, they shop is not making an offer which you can accept, it is merely an 'invitation to treat', i.e. an invitation for you to make an offer. When you take it to the checkout, you make an offer (at the price on the shelf) which is as a matter of course accepted by the cashier (acting as an agent on behalf of the company owning the shop). However, if they have put the wrong price up, all that happens is that when you make your offer, the shop refuses to accept it. There is no binding contract, and there is no way you can force them to sell to you at the price, I'm sorry!
You could go to your local trading standards, as if this behaviour has been repeated in some underhand business technique, then they may want to take action.
But it looks like to me the shop is using the full-stop as a colon - if this a multi-national company by any chance? As I know that on the continent, and especially in France, the number £1,000 would be written £1.000 . Anyway, good luck! Try some babble to the manager. But you have no legal leg to stand on, sorry!
2007-07-25 01:05:47 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Goods displayed in a shop, contrary to most people's beliefs, are not "offers". In law they are known as "invitation's to treat". It is generally accepted that this is a means of stimulating buyer interest.
The leading case of Pharmaceutical Society of Gt Britain -v- Boots (1953) shows that a contract is made at the checkout/till. When you go to the till it is the customer who makes the offer. Acceptance of the offer can be made:
1. In writing
2. Verbally
3. By conduct
Therefore when the goods at the checkout of a supermarket are passed acceptance of your offer is done by conduct. However, because you are making the offer the store may not accept it. This is their legal right and so no conrtact is made.
Therefore if the shop displayed an item at £2 when the real price if £20 even if you pick it up and put it in your trolley/basket you have NOT made a binding contract - this is done at the till and so your "offer" may be accepted or rejected.
The reason why in shops/stores it is the customer who makes the offer is so that they can either accept or reject it.
2007-07-25 08:45:21 · answer #2 · answered by Vipguy 3 · 0⤊ 0⤋
Well I read some of the article and in essence agreed with it. I am however a gun owner - it's my right. If the sale of guns was to be made a Federal Offense, I doubt that it would make too much difference, because those people who really want to get their hands on a gun ( i.e. crooks), will do so, legally or otherwise. I am a registered gun owner, it is even licensed and insured. I only have it for self-preservation. So to answer your question - NO, I do not think that there is any point to tightening gun laws in the USA. CJ
2016-04-01 01:28:01 · answer #3 · answered by ? 4 · 0⤊ 0⤋
The shop can indeed refuse to sell an item to you. If you went the long way round and took legal action, how could you possibly pay £1.523? There is no legal British tender that could give you this amount. It is blatantly obvious to anybody that the full stop should be a comma.
2007-07-25 01:10:28 · answer #4 · answered by Tony A 6 · 2⤊ 0⤋
If this is a glaring error, as this no doubt is, the shop has the right to withdraw the offer and refuse to sell it. You could try taking them to trading standards or court but if it is something like a widescreen TV then the judge will throw your claim out as being unreasonable. The argument being there is no way you would expect a TV to be so cheap so you know they made a mistake.
2007-07-25 00:55:16 · answer #5 · answered by Jay 4 · 2⤊ 0⤋
In English law, goods displayed in shops are not on offer inviting you to accept. They are on display inviting you to make the offer, which is for the shop to accept or reject as they wish - this was confirmed when a shop was prosecuted for breaking a law which forbade flick-knives to be "offered for sale" and then displayed one in his window. It was held that they are not offers, but "invitations to treat." However, where a shop incorrectly displays an item at the wrong price, if you offer that price they may reject it and tell you it was a mistake, or they may accept your offer to save face, provided the difference was not so vast.
2007-07-25 02:33:16 · answer #6 · answered by undercover elephant 4 · 1⤊ 0⤋
You are mistaken
The shop has every right , to withdraw the item from sale
As long as they follow the correct procedure which is detailed in the trading standards manual , which if you wish , you can obtain a copy from your local Council
2007-07-25 13:47:10 · answer #7 · answered by Stephen A 4 · 0⤊ 0⤋
It is well established law that it is YOU who makes the offer and it is the shop who can accept or reject the offer! If you think your are going to buy something for £1.52, when the real price is £1523.00, and if you actually believe that a court will be on your side, you are very mistaken
2007-07-25 01:28:25 · answer #8 · answered by Anonymous · 1⤊ 0⤋
File a case of unfair business practice or violation of the laws on price tags against the store since the prices are deceiving in order to get customers.
2007-07-25 00:50:30 · answer #9 · answered by FRAGINAL, JTM 7 · 0⤊ 2⤋
Well it doesn't matter if it is an error in point of sale or not. They legally have to sell it to you at the advertised price.
Tell them that will get Trading Standards involved if they fail to sell it to you at advertised price.
2007-07-25 00:50:16 · answer #10 · answered by ? 7 · 0⤊ 2⤋