Argos nintendo dsi in black £79.99!

Ironside

Cheshire_Carper wrote: »

The legal position is very established. To be honest, this situation is completely cut and dry. It is yr1 LL.B territory. Formation and enforceability of contract. Whilst I agree that the real world position can be different (we term that 'law in books' vs 'law in action'), a contract is a contract is a contract. It is enforceable.

It is very hard trying to explain it to someone that has not studied the law. You see things in a different way. If there is someone else on here that has read law, they will understand exactly the position. I suppose that is why the profession is viewed as it is.

I said as far as I am aware in my post because it is 9 years since I left practice as a barrister. I am not therefore as up to date as I was - nor wish to be :rolleyes:

So don't ASSume.

rosatoso_2

FloFlo wrote: »

I have a ref number for my order, they didn't give me a query ref number when they phoned to cancel the order but I have a ref numberfor my complaint through the website. The ref number came by email along with a copy of the message I sent.

FloFlo it starts AD, it is the number you used to track it on-line.

eezy1

rosatoso wrote: »

FloFlo it starts AD, it is the number you used to track it on-line.

I have my AD number the operator gave me after order was accepted.

rosatoso_2

neildwattam wrote: »

Once they take your money i thought this ment they have entered into a contract the seller and the buyer? and they are now obligated to supply you the goods.

Many websites T&C mention until the funds have been taken, they can back out. a last min safty net for them.

Argos say that until the goods are received, a contract is not formed. However from the help and information we have been given on this thread and my small amount of research, it appears that by buying over the phone, you make them an offer, they accept it, you give them your card details, they process the payment. They give you an order number which is an acceptance of contract then.

On the Argos website they are saying a contract is formed once the items are dispatched, however many have said this isn't the case.

Even so, our items were dispatched. So anyway you look at it a contract was formed (even Argos' way on their website).

Cheshire_Carper

Ironside wrote: »

I said as far as I am aware in my post because it is 9 years since I left practice as a barrister. I am not therefore as up to date as I was - nor wish to be :rolleyes:

So don't ASSume.

If you practiced at the Bar, then you needed a LL.B or an.other degree + GDL (as well as BVC). I am very surprised that you have forgotten the rudiments of contract law.

That, as you should remember, is week 1 information and institution dependant, drilled into you.

As you will (should) recall, the issues we are discussing here are of Carbolic smokeball and Donoghue age. This precedent didn't occur in the last 9 years.

Ironside

I don't want to be drawn into a prolonged legal argument here.

We have been told on this thread that this is first year LLB stuff and it is all cut and dry.

Let's say that I am selling you a Dsi Lite on ebay for £79.99.

You pay for it and I send you a confirmation email.

I despatch the item by courier. But then I realise that I am not going to make a profit on it. I send you an email saying that it was a mistake and should have been £149.99 so I am refunding your money. I recall the item from the courier.

What is the legal position on this?

Unless there has been some recent authority, I believe the position is unclear in English Jurisdiction. There is a Scottish case which is often referred to (no doubt someone can cite it for us ) which seems to suggest that such a recall of acceptance is legitimate. But other jurisdications disagree.

We must also remember that (without wishing to get political here) thanks to our wish for a United States Of Europe - any EU Law rules supreme over our own laws where there is a conflict of laws.

Cheshire_Carper

rosatoso wrote: »

Argos say that until the goods are received, a contract is not formed. However from the help and information we have been given on this thread and my small amount of research, it appears that by buying over the phone, you make them an offer, they accept it, you give them your card details, they process the payment. They give you an order number which is an acceptance of contract then.

On the Argos website they are saying a contract is formed once the items are dispatched, however many have said this isn't the case.

Even so, our items were dispatched. So anyway you look at it a contract was formed (even Argos' way on their website).

You have the nail on the head there. Argos can say what they like in terms. It bears no relevance. The courts will consider them but the contract is the issue.

It is exactly to do with contract formation. The issue is offer, acceptance, consideration, intent to create legal rels. Click all those boxes and you have an enforceable contract. You may place in your terms that the contract is only established if the buyer wears yellow wellingtons or there is snow on the ground. But, in law, if you cleat the hurdles of the 4 cats I state above, the contract is enforceable.

Cheshire_Carper

Ironside wrote: »

I don't want to be drawn into a prolonged legal argument here.

We have been told on this thread that this is first year LLB stuff and it is all cut and dry.

Let's say that I am selling you a Dsi Lite on ebay for £79.99.

You pay for it and I send you a confirmation email.

I despatch the item by courier. But then I realise that I am not going to make a profit on it. I send you an email saying that it was a mistake and should have been £149.99 so I am refunding your money. I recall the item from the courier.

What is the legal position on this?
.

The legal position is that you have reliance on an enforceable contract and should you wish to pursue, you can. Clearly, you can also accept the issue and think 'it is not worth it', I'll buy another one. But, in law, you can hold the seller in that example to the agreed bargain.

There is no need to even seek recent precedent. This is establish contract law. The issues surrounding electronic sale or distance selling regs may flesh it out a little but the crux of you example is a contractual issue. An ex-Barrister does not need this explaining to him.

edit: primacy of EU law has no bearing on domestic contract enforcement in its rawest guise.

Ironside

Cheshire_Carper wrote: »

If you practiced at the Bar, then you needed a LL.B or an.other degree + GDL (as well as BVC). I am very surprised that you have forgotten the rudiments of contract law.

That, as you should remember, is week 1 information and institution dependant, drilled into you.

As you will (should) recall, the issues we are discussing here are of Carbolic smokeball and Donoghue age. This precedent didn't occur in the last 9 years.

I can see what type of person you are from this post, so I shall retire from this thread.

Why don't you organise a "collective action" to help those on this thread as it's so rudimentary for you - I pity those poor idiots who make up the legal team for Argos

rosatoso_2

Cheshire_Carper wrote: »

You have the nail on the head there. Argos can say what they like in terms. It bears no relevance. The courts will consider them but the contract is the issue.

It is exactly to do with contract formation. The issue is offer, acceptance, consideration, intent to create legal rels. Click all those boxes and you have an enforceable contract. You may place in your terms that the contract is only established if the buyer wears yellow wellingtons or there is snow on the ground. But, in law, if you cleat the hurdles of the 4 cats I state above, the contract is enforceable.

So does it make a difference actually phoning and ordering with Argos Direct because you make them the offer directly, they accept directly and give you an order number as confirmation of a contract directly. Would that differ if there was no human contact for example ordering on a website or Ebay?