Pricing Error - is it my problem???

LemonGrove

If it helps, the first episode of this new piece of BBC3 rubbish on Consumer Rights has a feature on mispriced items;

http://bbc.co.uk/i/nnnt3/

advent1122

DazedByTheLight wrote: »

Hi, actually a contract is an agreement which in this case you already have and fulfilled your part of the agreement by paying for the goods. The shop therefore has a legal obligation to fulfil their part of the agreement by supplying you with the goods (at the price you paid).

Regards
DBTL

I have read some guff on here (and spouted most of it), but this statement wins hands down for the biggest pile of tosh written on an internet forum.
Well Done....

Speech...speech

taxiphil

Mark_Hewitt wrote: »

Anyway, yes a contract does exist, and yes by not shipping the goods they are breaking that contract. However in breaking the contract they must provide a remedy and an acceptable remedy is to return all parties to the position they were in before the contract was made, i.e. give them their money back.

No, the remedy for breach of contract is to place the innocent party in the position they would have been in if the contract had been performed, not to restore them to the pre-contract position.

Torby

LemonGrove wrote: »

If it helps, the first episode of this new piece of BBC3 rubbish on Consumer Rights has a feature on mispriced items;

http://bbc.co.uk/i/nnnt3/

from memory, they said the contract is "made" once the seller takes your money.

taxiphil

cleo1299 wrote: »

According to http://www.articlealley.com/article_577398_18.html , various kinds of remedy can be ordered by a court in a case of breach of contract. The most common being damages to compensate for any losses suffered. Which seems to be the same thing as putting the innocent party in the position they were in before the contract was entered into.

The article you have quoted does actually say that the relevant remedy (expectation loss, also known as loss of bargain) is designed to put the claimant in the same position they would have been in had the contract had been performed!

cleo1299

taxiphil wrote: »

The article you have quoted does actually say that the relevant remedy (expectation loss, also known as loss of bargain) is designed to put the claimant in the same position they would have been in had the contract had been performed!

Yes, you are right. I misunderstood it. Apologies.

Optimist

If you look at the terms and conditions of the site you used you will probably find words to the effect that no contract exists until the item is despatched.

You will probably also find a term to cover your situation to the effect that if a item is mis-priced they reserve the right to cancel.

The answers to your questions are No and No

gordikin

Thriftysaver wrote: »

You must receive an email saying your order has been confirmed. If not then then your 'offer' has not been accepted.

So, so, so very wrong OP...please ignore the crap advice above!

LemonGrove

Torby wrote: »

from memory, they said the contract is "made" once the seller takes your money.

I actually stopped concentrating on it after being patronised by watching the first segment about the collapsing shelf.

gordikin

Torby wrote: »

from memory, they said the contract is "made" once the seller takes your money.

Trust me Torby...your memory is wrong mate!