View Full Version : Mis priced goods in catalogue


nikita
05-09-2005, 08:29
If someone advertises something and misprints the price in the catalogue do they have to let you have it at the price advertised even if they point the mistake out at the time of ordering?

cgksheff
05-09-2005, 08:37
Simple answer: No.

DragonofAna
05-09-2005, 08:38
There is usually small print in the catalogue or advert that states that the prices shown may change or similar. This is their get out clause and as long as they inform you of the amended price at the time of your order they are covered.

There was something similar that took place regarding a car, where one of the numbers had fallen off the window so instead of reading £1234 it read £ 234. A person wanted to buy it at the shown price and the case escalated, but in the end the person was told - nope - the price is £1234.

I do not think you will be able to get the item at the price displayed unless the company does it as a good will gesture - but this is rare.

Dragon

nick2
05-09-2005, 08:55
People have a similar missconception about sale lables on stuff in shops, they don't have to sell you the item if they have miss-labeled it, they can withdraw any item from sale without a reason at any time (my mum works in a shop).

JonJParr
05-09-2005, 09:00
There was a case of this in the media recently (only it involved an online shop and widescreen TVs being mispriced at 49p instead of their value of £350). The company that made the mistake was not obliged to honour the price as it was clear to all those who rushed to purchase the mispriced goods knew that it was a mistake. To quote the corporation, "the transactions would be void because both parties would know this was a mistake". As a result the contract of purchase is void.

One student reportedly bought 80 sets at the bargain price.

spiffymonkey
05-09-2005, 10:16
Originally posted by JonJParr
To quote the corporation, "the transactions would be void because both parties would know this was a mistake". As a result the contract of purchase is void.

A similar case back in '02 occurred with Kodak. They put one of their latest digital cameras up for sale on the website for £1, and a friend of mine got one. They tried to withdraw the product from sale, but in a lot of cases they had already taken the money and issued and invoice and receipt, which meant that they had legally accepted the sale and couldn't back out on it.

Until that happens, though, they're free to tell you to s*d off :)

Norton
05-09-2005, 10:53
Agree with all the above :) It's a simple matter of offer and acceptance in contract law.

Shops aren't "offering" goods for sale, they are "inviting you to do business".

As a consumer, you actually make the offer to the shop to buy the goods, which the shop can accept or refuse. If you offer to buy the goods at a lower price than they want, they can refuse as they are well within their rights.

If this wasn't the case, people would be going into shops, paying whatever they liked and the shop could do nothing about it :) If they've taken your money and issued a receipt however, the courts may see this as a valid acceptance and ownership of the goods passes to you. That's why there are a lot of problems with internet transactions as a lot of them are done automagically and a receipt is emailed to you almost instantly.

For those who are bothered, a couple of cases of offer and acceptance in retail situations:

Fisher v. Bell [1961] 1 QB 394
Partridge v. Crittenden [1968] 2 All ER 421

On a different point, how stupid must you be to order 80 £0.49 televisions and expect not to arouse suspicion? It's greedy people like that which stop other people getting the mispriced goods, especially when they have the cheek to moan to the press afterwards!

Abdul
05-09-2005, 12:49
Originally posted by Dragon
There is usually small print in the catalogue or advert that states that the prices shown may change or similar. This is their get out clause and as long as they inform you of the amended price at the time of your order they are covered.

Yes, you may see the letters E&OE (Errors and Ommissions Excepted) in the catalogue small print, or on the back cover, so if they make a mistake, they don't have to sell it you at that price.

Originally posted by spiffymonkey
A similar case back in '02 occurred with Kodak. They put one of their latest digital cameras up for sale on the website for £1, and a friend of mine got one. They tried to withdraw the product from sale, but in a lot of cases they had already taken the money and issued and invoice and receipt, which meant that they had legally accepted the sale and couldn't back out on it.

Thanks spiffy; handy to know :D

Originally posted by Norton
Agree with all the above :) It's a simple matter of offer and acceptance in contract law.

Shops aren't "offering" goods for sale, they are "inviting you to do business".

As a consumer, you actually make the offer to the shop to buy the goods, which the shop can accept or refuse. If you offer to buy the goods at a lower price than they want, they can refuse as they are well within their rights.

Thanks for the clarification, Norton.

Is the law different in Scotland? I did hear that in England, the price shown is merely an offer by the shop for you to buy that item. For instance, they could legally display a £400 TV bundle at £50 to get you in the showroom, but have no intention of selling it to you at that price?

The same person also told me that in Scotland, if they displayed the TV bundle at £50, the shop would be legally obliged to sell it you at that price.

Does anybody know any different? I'm not trying to snap up a bargain; I'm just curious :D