where do i stand with tesco

NJW69

NJW69 wrote: »

I have previously read a thread on MSE about 'loss of bargain'. This was about buying something on the internet and the T&Cs and someone won a court case about it. Sorry to be so vague but think it related to a water butt!

Can anyone else help or guide the OP to the thread?

I've just had a look around and it's on the grabbit thread 'they were good but now they're gone' bit. B&Q are the company. Don't know if the same applies or not but someone on there may be able to advise.

stebiz

tandraig wrote: »

I've studied law at degree level and although you are correct in relation to terms and conditions not being allowed to contravene common law, this was in my opinion a unilateral mistake. Where a contract is void on the grounds of unilateral mistake, the court will refuse specific performance in equity and if necessary, rescind the contract.

stebiz - youre good at explaining - what IS a unilateral mistake?

'A unilateral mistake is where only one party is mistaken and the other party knows about it and takes advantage of the error. A unilateral mistake also negates consent and the existence of an agreement'.

This makes interesting reading

http://www.lctjournal.washington.edu/vol1/a002groebner.html

Stebiz

sarahg1969

The B&Q thread was based on orders that B&Q had taken for items that they could not supply because they were not in stock. It was not a matter of mistake.

cardinalbiggles

stebiz wrote: »

'A unilateral mistake is where only one party is mistaken and the other party knows about it and takes advantage of the error. A unilateral mistake also negates consent and the existence of an agreement'.

This makes interesting reading

http://www.lctjournal.washington.edu/vol1/a002groebner.html

Stebiz

Thats not really relevant as its in the US.

Posters are right here if its a genuine mistake by a retailler then there is nothing you can do, also they dont have to sell anything to you at any price which is why they can back out. This is why when Tesco did their double the difference back plus the item for free thing you were better to buy the product then go back to customer services. Once the money is taken they are in breach of law with regards to misleading pricing, if you ask before chances are, if it was a large amount they would just not sell it to you.

I dont know why people want to get something for nothing. It was a mistake you never got the product get on with it. However, next time you may just get in there before anyone else and Tesco may honour it.

stebiz

cardinalbiggles wrote: »

Thats not really relevant as its in the US.

Posters are right here if its a genuine mistake by a retailler then there is nothing you can do, also they dont have to sell anything to you at any price which is why they can back out. This is why when Tesco did their double the difference back plus the item for free thing you were better to buy the product then go back to customer services. Once the money is taken they are in breach of law with regards to misleading pricing, if you ask before chances are, if it was a large amount they would just not sell it to you.

I dont know why people want to get something for nothing. It was a mistake you never got the product get on with it. However, next time you may just get in there before anyone else and Tesco may honour it.

It is very relevant, as 90% of that article also relates to UK law too. It also explains the position of online etailers very well.

Stebiz

stebiz

stebiz wrote: »

It is very relevant, as 90% of that article also relates to UK law too. It also explains the position of online etailers very well.

Stebiz

In fact after reading the article again, I can't see anything that isn't related to UK law.

cardinalbiggles

stebiz wrote: »

In fact after reading the article again, I can't see anything that isn't related to UK law.

Ok fair enough, but being pedantic are you referring to English law or Scots law? :rolleyes:

I admit I should have read it from beginning to end before assuming that as it was on a US site it was tripe...

stebiz

cardinalbiggles wrote: »

Ok fair enough, but being pedantic are you referring to English law or Scots law? :rolleyes:

I admit I should have read it from beginning to end before assuming that as it was on a US site it was tripe...

Okay - my mistake. I should have said English:p Truce!!;)

Halloway

custardy wrote: »

exactly,every now and then one gets honoured
the last for me was the bluray starship troopers @ CDwow which we ended up getting free

Did you get a refund and the box set? You jammy wotsit! I got the box set but I did have to pay £4.95.

Hintza

It isn't going to happen OP. There have been many of these disputes over the last few years. As someone said some you win some you lose.

At the price you paid you knew it was a pricing error with the price of scrap 9ct gold around the £8/gram level.