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Overcharged for Pie (A Hot Dog is involved in this story) & Pint AGAIN









father_and_son

Well-known member
Jan 23, 2012
4,652
Under the Police Box
I had this argument with Tesco once and they said something like it is an offer to contract or something similar and therefore not illegal. I'm not a lawyer so wouldn't know..just curious

The invitation to form a contract is made when you (the customer) make your offer of payment.

The acceptance is made when the shopkeeper takes your money and agrees to the sale.


Everything else, including advertised price etc, is just customer service issues and has no importance in legal terms.

If you approach the till and say, "the tag on this jumper says £5, here's a five pound note, I wish to buy it", the shopkeeper can, perfectly legitimately, say, "no, the price should be £10, the label is wrong". Until they accept your offer, no contract has been formed, and you are not obliged to buy and the shopkeeper is not obliged to sell.
 


bhanutz

Well-known member
Aug 23, 2005
5,999
The invitation to form a contract is made when you (the customer) make your offer of payment.

The acceptance is made when the shopkeeper takes your money and agrees to the sale.


Everything else, including advertised price etc, is just customer service issues and has no importance in legal terms.

If you approach the till and say, "the tag on this jumper says £5, here's a five pound note, I wish to buy it", the shopkeeper can, perfectly legitimately, say, "no, the price should be £10, the label is wrong". Until they accept your offer, no contract has been formed, and you are not obliged to buy and the shopkeeper is not obliged to sell.

That's it...that's what they said...seemed to make sense.
 


father_and_son

Well-known member
Jan 23, 2012
4,652
Under the Police Box
The issue at the club is that the tills don't appear to be clever enough to know that pressing the buttons for "Hot Dog" and "Pint" is the same order as pressing the button for "Hot Dog & Pint Meal Deal".

The simple solution is...
Customer: "I would like an £8 meal deal please"
Student behind counter: "Certainly... what constituent parts to the meal would you like?"
Customer: "A hot dog and a pint"
Student behind counter: *presses button*
Student behind counter: "there you are sir, £8 please. Thank you for shopping at the Amex, come again soon."

If you say:
Customer: "I would like a hot dog please"
Student behind counter: *presses button*
Customer: "...and a pint"
Student behind counter: *presses button*
Student behind counter: "there you are sir, £8.30 please. Thank you for shopping at the Amex, come again soon."
 






Jan 30, 2008
31,981
a bit like walking into your local super market doing your shop then giving them what you would like to pay instead of what they want to charge you , works both ways???
regards
DR
 








Lush

Mods' Pet
They need to have over the counter signs that are easier to change. I can't remember the last time that a Chicken and Chorizo pie, or a Cheese and Onion pastie were actually available. You always have to ask the staff what's actually in the hot cabinet that day.

Another thumbs-up for the spinach and ricotta pie BTW.
 


Sheebo

Well-known member
Jul 13, 2003
29,319
You seem confused - you've started a thread about a pie and a pint yet go on to talk about a hot dog.

No cheese and onion pasties last night incidentally, replaced by the far better spinach, ricotta and mushroom pie.

Dad had pasty from WSU South end and would have def asked if there was a proper veggie pie... I take it you went WSU central..?
 




Hampster Gull

Well-known member
Dec 22, 2010
13,465
I had this argument with Tesco once and they said something like it is an offer to contract or something similar and therefore not illegal. I'm not a lawyer so wouldn't know..just curious

Hope you told them to stick their offer of contract and use a different supermarket
 


wellquickwoody

Many More Voting Years
NSC Patron
Aug 10, 2007
13,913
Melbourne
The invitation to form a contract is made when you (the customer) make your offer of payment.

The acceptance is made when the shopkeeper takes your money and agrees to the sale.


Everything else, including advertised price etc, is just customer service issues and has no importance in legal terms.

If you approach the till and say, "the tag on this jumper says £5, here's a five pound note, I wish to buy it", the shopkeeper can, perfectly legitimately, say, "no, the price should be £10, the label is wrong". Until they accept your offer, no contract has been formed, and you are not obliged to buy and the shopkeeper is not obliged to sell.

In the finer points of law you do have a point. At which point the customer should demand that the product is removed from sale for a minimum of 24 hours (this includes removal of the product from shelves and rails or P.O.S.) due to misleading advertising. This will usually lead to the retailer honouring the advertised price at that moment but changing it ASAP.
 


Bozza

You can change this
Helpful Moderator
Jul 4, 2003
57,302
Back in Sussex
Dad had pasty from WSU South end and would have def asked if there was a proper veggie pie... I take it you went WSU central..?

WSU North at about 7:15. [MENTION=236]Papa Lazarou[/MENTION] was the man conducting the transaction and was told only pies, no pasties.
 




Sheebo

Well-known member
Jul 13, 2003
29,319
WSU North at about 7:15. [MENTION=236]Papa Lazarou[/MENTION] was the man conducting the transaction and was told only pies, no pasties.

Right where we sit too! Dad will be gutted when I tell him! It does seem luck of the draw depending on what kiosk you go to let alone which stand!
 


Da Man Clay

T'Blades
Dec 16, 2004
16,286
Because the law says so. If you see something advertised at a specific price, the seller has to respect that price. The Trade Descriptions Act 1968 and the precedent set down by a case involving Tesco (I think) are where it comes from. Admittedly the law may have changed since I last looked at it 2-3 years back, but I'd be surprised.

Nonsense. It's the total opposite. It's an invitation to make an offer. Not a set a stone price. Has been the same way for decades.
 


Cheshire Cat

The most curious thing..
There's an awful lot of trainee lawyers about suddenly.

Where there's blame, there's a claim.... ???
 






GT49er

Well-known member
NSC Patron
Feb 1, 2009
49,186
Gloucester
The invitation to form a contract is made when you (the customer) make your offer of payment.

The acceptance is made when the shopkeeper takes your money and agrees to the sale.


Everything else, including advertised price etc, is just customer service issues and has no importance in legal terms.

If you approach the till and say, "the tag on this jumper says £5, here's a five pound note, I wish to buy it", the shopkeeper can, perfectly legitimately, say, "no, the price should be £10, the label is wrong". Until they accept your offer, no contract has been formed, and you are not obliged to buy and the shopkeeper is not obliged to sell.
Interesting. First year Law in the very early 1970s the teaching was very clear:
OFFER + ACCEPTANCE = CONTRACT
In other words, for example, if a shirt was priced at £7.99, that was the offer made by the shopkeeper;
If the customer then went to the till and said, 'OK, I wish to purchase this £7.95 shirt', that constituted and acceptance of that offer - and the contract was made.

Obviously, my first reaction to your post was to reply, 'b0110cks!' - but fortunately caution prevailed and I took to Google to find evidence to back up my argument. Much to my surprise, however, all of the sources I could find supported what you had stated.

Out of interest, do you know how, when, where and why this was changed in favour of business, to the detriment of the customer? I'd be interested to know. Incidentally, for all the forty odd years since my student days, whenever something has registered a higher price at the till than was advertised on the shelf (or in the window) I have always successfully insisted on my right to buy at the price shown - without fail! Success every time!
 
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Bozza

You can change this
Helpful Moderator
Jul 4, 2003
57,302
Back in Sussex
Interesting. First year Law in the very early 1970s the teaching was very clear:
OFFER + ACCEPTANCE = CONTRACT
In other words, for example, if a shirt was priced at £7.99, that was the offer made by the shopkeeper;
If the customer then went to the till and said, 'OK, I wish to purchase this £7.95 shirt', that constituted and acceptance of that offer - and the contract was made.

Obviously, my first reaction to your post was to reply, 'b0110cks!' - but fortunately caution prevailed and I took to Google to find evidence to back up my argument. Much to my surprise, however, all of the sources I could find supported what you had stated.

Out of interest, do you know how, when, where and why this was changed in favour of business, to the detriment of the customer? I'd be interested to know. Incidentally, for all the forty odd years since my student days, whenever something has registered a higher price at the till than was advertised on the shelf (or in the window) I have always successfully insisted on my tight to buy at the price shown - without fail! Success every time!

My first year law, as part of a non-law degree, taught me:

Priced up article in a shop: invitation to treat.
Customer taking article to till: contractual offer.
Shop taking your money: contractual acceptance.
 


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