We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Engagement Ring - Buyers Advice

2»

Comments

  • steampowered
    steampowered Posts: 6,176 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    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.
  • Pollycat
    Pollycat Posts: 35,940 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Savvy Shopper!
    Jennys2 wrote: »
    But the link is non-active. It's just to recommend a good one...
    But 'a good one' in Los Angeles.

    This is a UK website.
  • keithdc
    keithdc Posts: 459 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    bris wrote: »
    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?'
  • Loanranger
    Loanranger Posts: 2,439 Forumite
    Ok, thanks for the corrections, I posted before checking the full facts.
  • Loanranger
    Loanranger Posts: 2,439 Forumite
    pmduk wrote: »
    Just press the spam button. By quoting the link you are perpetuating the spam.

    I did press the spam button but no one else did. I have now deleted the quoted post.
  • LilElvis
    LilElvis Posts: 5,835 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    keithdc wrote: »
    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.
  • robatwork
    robatwork Posts: 7,304 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    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".
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.2K Banking & Borrowing
  • 253.6K Reduce Debt & Boost Income
  • 454.3K Spending & Discounts
  • 245.2K Work, Benefits & Business
  • 600.9K Mortgages, Homes & Bills
  • 177.5K Life & Family
  • 259K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.