widescreen TVs for 49p!!!!! [CLOSED]

mirandamayhem

Dave=m55 wrote:

NO CONTRACT HAS BEEN FORMED HERE.

"The precedent on this issue was set by Hartog v Colin and Shields in which there was a pricing error where the seller thought he was pricing per pound, but the cost was actually calculated per item. The Court held that purchaser could not reasonably have supposed that the offer expressed the real intention of the persons making it, and must have known it was a mistake. The purchaser therefore did not, by his acceptance of the offer, make a binding contract with the seller. This would therefore give an on-line retailer a defence if the price of a product was so ludicrously low that the intention to create legal relations could not be formed. "

For a mistake to affect the validity of a contract it must be an "operative mistake", ie, a mistake which operates to make the contract void. The effect of a mistake is:

· At common law, when the mistake is operative the contract is usually void ab initio, ie, from the beginning. Therefore, no property will pass under it and no obligations can arise under it.

By refunding your money, things have been set to rights, and you would be blowing money into the wind pursueing this.

You're just been stupid if you beleive that a) You "could not reasonably have supposed that the offer expressed the real intention of the persons making it"

By all means pursue this, but, unlike the kodak case, you will lose.

I agree, and i won't be pursuing. Just curious if they are taking money from everyone or not.
To me it was a gamble that was worth a try. To then complain about them taking money would IMO be daft, when that was part of the gamble. Though i also agree they shouldn't take the money unless they are going to dispatch the goods, and should redo this part of their order process.

Sarahsaver

i think they could still argue it was an error

bedshaped

mirandamayhem wrote:

Thank you people!
anyone have a lloydstsb account and had money go out?

HSBC here - no money gone yet! I ordered from Argos at around 9.15am and got a confirmation email almost straight away - I checked my inbox as soon as I had the confirmation page on the Argos website

sparky61

Dave=m55 wrote:

NO CONTRACT HAS BEEN FORMED HERE.

"The precedent on this issue was set by Hartog v Colin and Shields in which there was a pricing error where the seller thought he was pricing per pound, but the cost was actually calculated per item. The Court held that purchaser could not reasonably have supposed that the offer expressed the real intention of the persons making it, and must have known it was a mistake. The purchaser therefore did not, by his acceptance of the offer, make a binding contract with the seller. This would therefore give an on-line retailer a defence if the price of a product was so ludicrously low that the intention to create legal relations could not be formed. "

For a mistake to affect the validity of a contract it must be an "operative mistake", ie, a mistake which operates to make the contract void. The effect of a mistake is:

· At common law, when the mistake is operative the contract is usually void ab initio, ie, from the beginning. Therefore, no property will pass under it and no obligations can arise under it.

By refunding your money, things have been set to rights, and you would be blowing money into the wind pursueing this.

You're just been stupid if you beleive that a) You "could not reasonably have supposed that the offer expressed the real intention of the persons making it"

By all means pursue this, but, unlike the kodak case, you will lose.

I'm not intending to pursue this. But Argos have had ample time to unreserve our money or refund our money, and in my case anyway they have taken my money, have not refunded my money and have not contacted me by email or telephone to cancel my order.
I would have thought these emails/telephone calls would have been done as quickly as possible so that they could forget this mess.

Dave=m55

ought wrote:

Money has now been taken from my Natwest Credit Card so a contract is legally formed is it not.

No it hasn't. please refer to my previous thread. All the retailer has to do is set things to rights, ie refund the money taken..

chocshake

Dave=m55 wrote:

NO CONTRACT HAS BEEN FORMED HERE.

"The precedent on this issue was set by Hartog v Colin and Shields in which there was a pricing error where the seller thought he was pricing per pound, but the cost was actually calculated per item. The Court held that purchaser could not reasonably have supposed that the offer expressed the real intention of the persons making it, and must have known it was a mistake. The purchaser therefore did not, by his acceptance of the offer, make a binding contract with the seller. This would therefore give an on-line retailer a defence if the price of a product was so ludicrously low that the intention to create legal relations could not be formed. "

For a mistake to affect the validity of a contract it must be an "operative mistake", ie, a mistake which operates to make the contract void. The effect of a mistake is:

· At common law, when the mistake is operative the contract is usually void ab initio, ie, from the beginning. Therefore, no property will pass under it and no obligations can arise under it.

By refunding your money, things have been set to rights, and you would be blowing money into the wind pursueing this.

You're just been stupid if you beleive that a) You "could not reasonably have supposed that the offer expressed the real intention of the persons making it"

.

but the facts of this case are fundamentally different, it was the purchaser who accepted the contract, in this case it is the seller who has accepted the contract. i'm not saying we're going to get, just that this might not be a valid arguement for argos to use..

ought

Was there not a similar occurrence with argos and a television a few years back? Or am I mixing things up.

mirandamayhem

sparky61 wrote:

I'm not intending to pursue this. But Argos have had ample time to unreserve our money or refund our money, and in my case anyway they have taken my money, have not refunded my money and have not contacted me by email or telephone to cancel my order.
I would have thought these emails/telephone calls would have been done as quickly as possible so that they could forget this mess.

but it's been a bank holiday weekend. Would you give up all your bank holiday plans to go into work and sort out a mess, or leave it until Tuesday?
And I know the top dogs should be concerned, but i can't really see them forcing a load of customer service operatives into work to sort out this mess.

Dave=m55

chocshake wrote:

but the facts of this case are fundamentally different, it was the purchaser who accepted the contract, in this case it is the seller who has accepted the contract. i'm not saying we're going to get, just that this might not be a valid arguement for argos to use..

At common law, when the mistake is operative the contract is usually void ab initio, ie, from the beginning.

abesrve

There was a similar mess but Argos said they would not honour the deal because they had not accepted the contract. However, in this case, many payments have been taking and as far as some people are concerned this has created a contract.