Legal advice on pricing error

[ready4whatever]

if its a car dealer shaft the prick

[Usarka]

The offer and acceptance answers given work in a retail environment and weren't designed for internet purchases.

If you buy something online you normally get an automatic reply confirming your purchase (and your ccard might get debited). If this happens then you've got your acceptance and it is binding........

Not sure if the law has catered for this in the last couple of years or if there are any test cases. Anyone know for sure?

[The Stranger:Me]

The offer and acceptance answers given work in a retail environment and weren't designed for internet purchases.

If you buy something online you normally get an automatic reply confirming your purchase (and your ccard might get debited). If this happens then you've got your acceptance and it is binding........

Not sure if the law has catered for this in the last couple of years or if there are any test cases. Anyone know for sure?

Ah, see post 14 re the contractual mistakes act.

[TerminalAddict]

so the seller is a retailer .. selling products online.
When I did commercial law there was this thing in the CGA that said something along the lines of
"The below average person must understand the advertisment"

This clearly a mistake .. but can the law still be manipulated for personal gain in this case? (starting a new commericial law paper in 4 weeks .. so I'm curios)
Do the contract mistakes act and contract enforcment act play nice together? (one assumes they must)

[p.dath]

Ah, see post 14 re the contractual mistakes act.

But surely once they have taken your money and issued a receipt the deal is complete.

[The Stranger:Me]

But surely once they have taken your money and issued a receipt the deal is complete.

No. Even if the goods are delivered things don't end there. The easiest example for people to comprehend there is perhaps the various consumer protection laws.

[sugilite:Me]

Years back I was in a mall selling crystals from a stall. This elderly woman came up and started checking the prices of everything, and I mean everything. In the end when she thought I was not looking, she took the price off one item and put it on one side of a pair of Rose Quartz bookends. She held it up and said, I'll take this one for the marked price of $10. I told her that it was not the correct price, where upon she told me that as a ex legal secretary she knew I was obligated to sell her the item for the marked price. I then told her, no problem, but as they come as a set and the other side is $35. She got really pissed off with me and demanded to know my name, "Rumpelstiltskin" says I, then she demanded a business card..."that will cost you $35" says me. So she told me she was off to complain to the Mall manager. "Be my guest" says I as he knows me well. She came back with him and I had no problem telling the mall manager I felt she was a crook, and had probably done this before. As I said that, I noticed she got really twitchy, so I told him, ring around the other malls, I bet they know her. She was now looking mortified. He later told me he did ring around other malls, and BINGO! she was banned from at least two of them.

There was a little sequel to this story later that day. I went to the bathroom at the mall, and they were down a loooong secluded hallway, and who should I see coming out the ladies....you guessed it, so just me at 6'6 tall and her at under 5 ft tall in the hallway...I actually just turned around and walked the other way, but did chuckle at the look of her crapping her self for the 2nd time in just a few minutes

On a side note, there is no way a shopping mall should have a bathroom setup like that. I mean she could of tried to mug me for the 2nd time that day

[klingon]

So, sugilite, I see you've met my mother then?

[Ixion]

But surely once they have taken your money and issued a receipt the deal is complete.

Would you still be saying that if you later found they'd overcharged you? Or that you'd bought the wrong product?

Remember a contract binds both ways.

[The Pastor]

if its advertised for $1 you have to sell it for $1.

advertised means in a broucher mail out, or mass email or a price in a shop window or a big sign that would attract you into the store from else where.

If you go into a store then the price tag has no relevance at all to the final sale price. Some big stores like supermarkets or shops in malls will honor the mistaken price tag (being that its cheaper than they want to sell for), but that is company policy not law.

so if you got an email or flyer in the mail, then that has to be (under law) the final sale price, but if you are in a website or store and see something wrong then its up to the store if they want to honor that price or not.

[p.dath]

No. Even if the goods are delivered things don't end there. The easiest example for people to comprehend there is perhaps the various consumer protection laws.

So that leads me to the question of when do you consider a deal complete then - as in full and final settlement?

[p.dath]

Would you still be saying that if you later found they'd overcharged you? Or that you'd bought the wrong product?

Remember a contract binds both ways.

I would expect that if I had paid for the goods, got a receipt, and walked away with the goods only to find I had paid too much when I got home then that was my bad luck for not checking at the time.

This leaves me wondering when a transaction is actually complete.

[The Stranger:Me]

So that leads me to the question of when do you consider a deal complete then - as in full and final settlement?

Not quite sure where you are going with that, but does it matter?
You go in to buy say a motorbike from a dealer. He has 15k on it, you pay your money and out you go. Other similar bikes are priced similarly +or-, you couldn't know, nor be expected to know the price was in error, so deal done. However it throws a rod 13 months later (say 1 month out of warranty) and you feel he should pay. Would you like it to be done and dusted or would you like a come back?

[p.dath]

Not quite sure where you are going with that, but does it matter?
You go in to buy say a motorbike from a dealer. He has 15k on it, you pay your money and out you go. Other similar bikes are priced similarly +or-, you couldn't know, nor be expected to know the price was in error, so deal done. However it throws a rod 13 months later (say 1 month out of warranty) and you feel he should pay. Would you like it to be done and dusted or would you like a come back?

I guess when I say full and final settlement, I meant the transaction is complete. Neither party can return to the table to try and adjust the price.

I wouldn't expect to effectively re-negotiate the purchase price 13 months down the line.
If part of that purchase price includes a 12 month warranty then great. And if you have a failure on month 13 then that sure is hard luck, and you could plead for mercy with the dealer.
But as a said, I wouldn't be expecting to try and change the price I purchased it for at that point in time.

[nodrog:Me]

I guess when I say full and final settlement, I meant the transaction is complete. Neither party can return to the table to try and adjust the price.

I wouldn't expect to effectively re-negotiate the purchase price 13 months down the line.
If part of that purchase price includes a 12 month warranty then great. And if you have a failure on month 13 then that sure is hard luck, and you could plead for mercy with the dealer.
But as a said, I wouldn't be expecting to try and change the price I purchased it for at that point in time.

are you that Ian Orchard guy, that used to be on Target?