Item sent free now company want it back

shaun_from_Africa

stragglebod wrote: »

A void contract is unenforceable. So the OP couldn't sue Lenovo if they refused to send the laptop.


But if Lenovo have already chosen to fulfill the contract, that's another matter entirely.

But as pointed out by neilmcl, in the case of a unilateral mistake, the contract is declared void so even if it had been fulfilled before this, it gets treated as if it never existed.

Will Lenovo take it any further?
This may well depend on how many people did the same as the OP.
If it was a one off, they might simply write it off but if there were dozens of people wo did the same, they may attempt to get their laptops returned or payment for them.

stragglebod

shaun_from_Africa wrote: »

But as pointed out by neilmcl, in the case of a unilateral mistake, the contract is declared void so even if it had been fulfilled before this, it gets treated as if it never existed.

Will Lenovo take it any further?
This may well depend on how many people did the same as the OP.
If it was a one off, they might simply write it off but if there were dozens of people wo did the same, they may attempt to get their laptops returned or payment for them.

Take what exactly 'any further'? If Lenovo had no contract with the OP, yet chose anyway to send him a free laptop, on what legal basis could they subsequently demand payment or its return? Show me the case law.

neilmcl

stragglebod wrote: »

Take what exactly 'any further'? If Lenovo had no contract with the OP, yet chose anyway to send him a free laptop, on what legal basis could they subsequently demand payment or its return? Show me the case law.

You have this fundamentally incorrect. Lenovo didn't "choose" to send the OP a free laptop they sent him one by mistake based on a contract that is now voidable. They have a number of remedies open to them including asking the OP to pay for the laptop or asking for it's return.

stragglebod

Ah, so now you're saying it's voidable, rather than void?

LadyDee

I find it rather sad that somebody would quite happily take advantage of what is an error by somebody, and that person could well be in hot water over this mistake. Just offer to pay for it or send it back.

Wanderingpomm

Tom99 wrote: »

Under what Act would that be, can you be more specific?

OP saw the laptop being 100% discounted and bought it for £4.
The contract was formed and completed by Levano shipping the product. They are on Shakey ground to now demand it back.

If you do decide to return it, it must be at your convienience. They cannot make you run around. They should come and collect at a time suitable for you.

DoaM

As I understand it, a contract can be voided (made as if it never existed) due to a unilateral mistake before the contract is completed. (i.e. before the goods have been delivered and transfer of ownership has completed). Once the contract is complete then there's nothing to void.

OP - you chanced your arm and got lucky. Lenovo may bluff and bluster but they can't (legally) do anything.

agrinnall

neilmcl wrote: »

But you're just looking at their own provisions in their T&Cs. I'm talking about the legal notion of mistake in relation to common law and contracts.

Lenovo made a mistake in relation to the pricing and the OP with full knowledge of the mistake took advantage and entered into a contract with them. The contract would therefore be void.

You may be right, but the responses in this thread show that there are differences of opinion, and if I were the OP I wouldn't be in a rush to either return the laptop or agree to pay any more than was confirmed by Lenovo.

powerful_Rogue

Lenovo will just charge the full amount to your card should you fail to return the item.

DoaM

In which case the OP should contact the provider and report a fraudulent transaction ... the other party would be acting without authorisation.