"Breakages must be paid for" or "Fit for purpose"?

patmanrob

Any thoughts on this one folks?

The story:

My grandchild (5) was in a shop looking around with his mum. He liked the look of a "Child's Bangle", a chunky plastic bangle with a small plastic sunflower/gerbera type flower on it, and tried it on.

The flower fell off.

The shop charged her for the breakage, at a less than retail price.

However. With hindsight (a wonderful thing;)) we had a realisation.

Had the bangle not broken and she had bought it, then the flower was to fall off on the way home, the SOGA would apply and the bangle would be on it's way back for a refund for not being S--FART of the SADFART "Of Satisfactory quality" (Pretty flimsy) Fit for purpose" (A child's bangle), " and lasting A Resonable amount of Time. (it broke a few minutes BEFORE it was purchased):think:

What do you think?

arcon5

If she had handled it in a careful and reasonable way I would have told the shop to shove it. Had I thought she had been rough with it then it's only fair to pay.

Hard to go either way though since we wasn't there.

I do hope though, since you paid for it, you took it with you.