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Engagement Ring - Buyers Advice
Comments
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Yes, this would be a legally enforceable contract. You could force the shop to sell you the ring at the originally agreed price.
UNLESS:
1) You agreed a set of T&Cs saying that the shop can cancel the contract.
OR
2) The price was so obviously wrong that you should have known it was a mistake. In this case the contract will be void.
It probably isn't worth pursuing though, just choose another ring.0 -
Not true, the fact they took a deposit means it goes beyond the invitation to treat.
Again, not true but pretty close to a properly formed contract.
This would be right if the shop just lost the ring or broke it, sold it to someone else etc but the circumstances here are not that.
This contract falls down on the mistake part, a court will not uphold a contract for an obvious mistake. How obvious is open to debate but there are other factors in a properly formed contract, to good to be true springs to mind.
It's close to a contract, the mistake part and the sums involved are open to debate in court but is it worth the hassle. if the price difference is small then no it's not worth it, if its a lot then is it an obvious mistake, probably so still not worth it.
Mistake is a mechanism for voiding a contract, so mistake does not prevent a contract being formed but may mean it is not unenforceable/ treated as never existing (an important distinction). In other words, to argue mistake a contract must have existed in the first place!
Given that the OP was presumably served by a human who knew the prices of his stock (and what was reasonable/ clearly incorrect), the shop may struggle with arguing mistake.
But, agree, this really comes down to 'is it worth it?'0 -
Ok, thanks for the corrections, I posted before checking the full facts.0
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Mistake is a mechanism for voiding a contract, so mistake does not prevent a contract being formed but may mean it is not unenforceable/ treated as never existing (an important distinction). In other words, to argue mistake a contract must have existed in the first place!
Given that the OP was presumably served by a human who knew the prices of his stock (and what was reasonable/ clearly incorrect), the shop may struggle with arguing mistake.
But, agree, this really comes down to 'is it worth it?'
Two similar settings but with differing quality of diamonds could easily be confused for each other if they have been incorrectly placed in the display case. If it was a high street store I doubt if the staff have much of a clue.0 -
Ask the shop what the price should have been. Then come back and tell the forum eg.
Price contracted was £1,750
Price they say it should be £2,125
or
Price contracted £400
Price they say it should be £4,500
My advice would differ between those "mistakes".0
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