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widescreen TVs for 49p!!!!! [CLOSED]
Comments
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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, of course, expect people to just ignore this piece of advice, and try to argue that by taking the money the shop has entered into a binding contract, but the law does not see it that way. You knew it was a mistake, even the original post in this thread pointed this out. You could not have reasonably expected to receive the items for 49p.
Harking on about how you beleive a contract was made, when it has not, doesn't get you anywhere.
But isn't it also true that in a contract 'consideration' doesn't have to be fair or equal?~Laugh and the world laughs with you, weep and you weep alone.~:)
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It is £349.990
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mirandamayhem wrote:Thank you people!
anyone have a lloydstsb account and had money go out?
I ordered Saturday using my LloydsTSB card. Confirmation email on Sunday, but no money taken from my account yet.0 -
Poppy9 wrote:But isn't it also true that in a contract 'consideration' doesn't have to be fair or equal?
consideration:
".. some right, interest, profit or benefit accruing to the one party or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other."
There can be no contract without consideration. As this was a mistake IMO its not relevant, as the contract is usually void ab initio. Hence, no contract, no consideration.0 -
AlanS wrote:I ordered Saturday using my LloydsTSB card. Confirmation email on Sunday, but no money taken from my account yet.
Thank you.
Must depend on the bank account!:rudolf:0 -
Even though there's no chance of getting the TV and pointless taking it to small claims - It'll be interesting to see if were offered anything in the way of a 'goodwill gesture'.0
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I dont think it will make a difference if they have taken payment or not.
Ebuyer had a similar pricing error few months back similar TV package being offered for £28. Ordered, money was taken and then refunded. They outlined there own terms of conditions for refunding but at the same time were in breach of their own T&C's. Not clearly defined. I cant think of anyone that got the tv or took them to court but the thread ran on for a couple of months. It will be the same here I've ordered one but im not expecting to get it.
Its a lesson online retailers have to learn, make sure you have reasonable steps in place to flag up or eliminate mistakes otherwise honour it.
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I phoned my Credit card to make sure money was taken and not just reserved, and it was taken.
But before I could ask that question it turned out I had two other cards one was authorised that I had never recieved? so I have had to cancel them all including the one I used to order, wonder what will happen if they try a refund now?0 -
Dave=m55 wrote:
There can be no contract without consideration.).
They may have made a mistake in their pricing but their system is at fault if they then proceed to take money from the other contract party's bank account. This implies acceptance of the terms of the contract. If they haven't taken any money I would agree no contract has been made according to their own T&C but if they have taken the money then they have accepted the consideration.~Laugh and the world laughs with you, weep and you weep alone.~:)
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