Online misprice - how to enforce the contract

[Deleted User]

daeargwr wrote: »

.. and didn't get in touch about the misprice for another 3 days.

The fact remains that it was an obvious error, since corrected.

Your only entitlement is to a full refund.

bris

The contract isn't formed when a mistake is made. For it to be formed both parties must agree that all the terms are correct. Mistakes like this are allowed for so with no consideration to sell at that price there is no contract.

The B&Q dishwasher was different, they sold the dishwasher willingly at that price, but they sold more than they could supply. This was a clear breach of contract and the lesson they learned was it's not the customers fault the suppliers didn't have enough dishwashers. Never try and sell what you don't have.

stuartJo1989

Those Ts and Cs seem to be a copy and paste job, either that or the owner has his finger in a lot of pies!

My best guess is that the company begins with an N....?

If I'm right, it could well be a case of finding it difficult to hold the company to ANYTHING due to their probable small size, but you may well have some sort of case for "loss of bargain" (they may quote low to entice you in).

lincroft1710

Has anyone actually successfully pursued a "loss of bargain" claim

theonlywayisup

lincroft1710 wrote: »

Has anyone actually successfully pursued a "loss of bargain" claim

Plenty. But perhaps in differing circumstances (did you read the B&Q reference?).

unholyangel

lincroft1710 wrote: »

Has anyone actually successfully pursued a "loss of bargain" claim

Millions of people have. Loss of bargain doesn't mean bargain as in discounted/cheap goods etc. It means bargain as in agreement.

lincroft1710

unholyangel wrote: »

Millions of people have. Loss of bargain doesn't mean bargain as in discounted/cheap goods etc. It means bargain as in agreement.

I realise this is bargain as in agreement. I think "millions" is an exaggeration.

unholyangel

lincroft1710 wrote: »

I realise this is bargain as in agreement. I think "millions" is an exaggeration.

If you understood it means bargain as in agreement then why enquire if anyone has successfully pursued such a claim? If you know what it is then you should know it forms a part of most claims/is the preferred way of awarding damages.

Granted I don't know the exact number of claims the courts have dealt with over the centuries, but it would indeed be a high number given they deal with around 400k civil cases (excluding family law) every quarter.

ETA: Sorry, just trying to figure out what you then meant by your question.

lincroft1710

Apologies, misunderstanding on my part, blame it on old age, not reading posts/threads properly or spending too many hours on MSE.

unholyangel

lincroft1710 wrote: »

Apologies, misunderstanding on my part, blame it on old age, not reading posts/threads properly or spending too many hours on MSE.

No problem, we've all done it at some point! If its any consolation, part of the reason I was so puzzled by it was because it had came from you You're usually on the ball