MONEY MORAL DILEMMA: Should Alan give the laptop back?

Dark_Warrior_2

MSE_Wendy wrote: »

Should Alan give the laptop back?

Alan went into a shop to buy a laptop, and instead of it ringing up at £399 it was just £3.99. He spotted this at the check-out and was aware of the error but keep schtum. After he'd paid, the manager came up and admited, that the laptop was legally his, but it was an obvious error by a trainee cashier on his first day.

Although I have not read all the replies on here, I believe people seem to have missed one very crucial point.

After he'd paid, the manager came up and admited, that the laptop was legally his, but it was an obvious error by a trainee cashier on his first day.

This means that the manager was aware at the time of the purchase that the employee or the system had mischarged the customer. The manager should have stepped in immediately, before any money had changed hands and corrected the error.
The manager was actually doubly negligent as he seems to have a trainee cashier not under full supervision, on their first day of work.

Maybe the manager realised this and to cover his back allowed the customer to leave with the item, thus not creating a fuss and also knowing that he can reclaim the loss another way

cubeto4

Absolutely not. If the shoe were on the other foot the shop would overcharge without batting an eyelid. I'd say walk away with it and enjoy!

stup1973

Morally i'd like to think that i'd pay full price.
However, i believe that if the shop asked for and then accepted £3.99 then that means the deal is done and finished.
To save embarrasment to myself in the shop i'd probably would pay but ask the manager for discount vouchers or to throw in a free Blue Ray player

tallgirld

KEEP IT!!!! £3.99 for a laptop thats AMAZING!!

I'd take it home plug it in and email all me mates and tell em my amazing money saving, credit crunching bit of luck!!!!! ;-)

cefynbach

hi, actually some years ago I was in a simular position with a company that I dealt with regularly and they sent me an invoice for the difference. I asked trading standards whether they could do this and was told that if the correct price was displayed and I know this they were within their rights to ask me for the extra so if the manager allowed the sale then unless the trainee would be penalised for his mistake then keep the laptop

Rickystewart

Yes he should give it back.

The main reason for this is If they did this to you and over charged you (this has happened to me several times) you would expect them to give it back to you.

They have always given me the money or even let me get new item when this has happened.

*Louise*

I would feel too guilty and would probably have pointed it out as it was rung through.:o

If, however, I hadn't been paying attention to the total price, just keyed in my PIN and then someone pointed it out....then I think a discount would be an encouraging gesture from the store.


I bought a load of shopping and an item at £20 didn't scan through. I didn't realise until I checked the receipt at home. The only reason I didn't return it was because the shop was so far away, it would have cost me £10 in diesel.:rolleyes: I did feel guilty though.

adouglasmhor

boxoffireworks wrote: »

On what are you basing this assumption? Do you work in law?

I work in the Scottish court service in a district court and as it is based on observation it is not therefore an assumption. As it seems to be everyone elses business can I as what you do that makes you qualified to comment on legal matters.

adouglasmhor

scotbruce wrote: »

Quote:



I think it would be highly unlikely that CPS or the PF would proceed with a case on the evidence here,however if after asking for £3.99, shop insisted on £399.00 their would be a clear trading standards case to answer.

On what are you basing this assumption? Do you work in law?

I don't know if he does, but I do, albeit only in criminal law and I believe that this would be a civil matter.

IMHO, there's no crime of theft here -

Theft is the taking and appropriating of property without the consent of its rightful owner or other lawful authority. (Theft, Common Law)

"A person is guilty of theft, if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it". (England and Wales - Theft Act 1968, Section 1)

- as ownership of the laptop passed from the shop to the customer at an agreed (albeit mistaken) price.

A price displayed on the goods is treated in law as an invitation by you to the customer to come in to do a deal. The contract is usually made at the till when the price is agreed. So if you have put the wrong price on an item you are not legally bound to sell at that price. (Trading Standards FAQ)

This is simply a mistake by either the member of staff who priced it wrongly or the "trainee cashier" (alone on their first day in the job - I don't think so!) who entered the price wrongly on the till.

Any further action, if any were possible, would have to be civil.

The morals of it are something else and an issue for individual and personal decision, surely.

Thank you, you have saved me going up stairs into the local council HQ, walking along a corridor and digging about in the statutes and bye laws. Can all the armchair lawyers who are harping on about theft now stop please. You have a reciept from a shop at any price for an item - that is proof enough you have not stolen it and it was handed over legaly.

A.Jones

Rickystewart wrote: »

Yes he should give it back.

The main reason for this is If they did this to you and over charged you (this has happened to me several times) you would expect them to give it back to you.

They have always given me the money or even let me get new item when this has happened.

This is because the shop usually has a returns policy - something like return the item in opened condition within 30 days and we will refund your money. However, go to a shop where they refuse returns (where the item is fit for purpose) because the customer has changed their mind about the item or price. If you buy a £100 item, thinking it is £10 and pay them the £100 without realising it is not £10, chances are they will not refund - it is against their policy.