Obligation to Sell??

Rote Baron

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Jun 13, 2011
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I have just come back from Tesco were I went to buy DVDs.

In a prominent new display Tesco announced, "Top Ten Videos at £10 each"

I spent ten minutes selecting three of the Top Ten Videos, picked up a few groceries and went to the checkout.
At this point the problems began, When the bar codes were swiped none of the three videos came up on the readout.
A supervisor was called; the supervisor referred me to the Customer Help Desk; the girl at the desk sent for a manager.

After some time the manager appeared and explained that unfortunately none of the Top Ten Videos were entered into the system as they had a technical problem so they could not sell me my choice of three as they did not know the prices.

I pointed out that the prominent display also prominently listed the prices of all the Top Ten Items.

The managers response was that they regretted the problem but they could not sell me the items.He went on to say that they would remove the stock from display untill such time as the technical problem was resolved.

I voiced my concern, that I guessed that when I next had the opportunity to come in, the stock would be depleted and I would not be able to buy the three items.

The manager said that he would put the three items aside at the Customer Help Desk and that I could pick them up when ever I next came in.

I asked what would be the price then.

He replied cheerfully, £10 each.

So I was none to please at having wasted some 30 minutes on this fruitless debacle. I have since begun to wonder if in fact Tescos had a legal obligation to sell me the goods displayed, after all it seems rather unreasonable that they can attract customers with special offer displays and then refuse to sell the goods.

(It is not as if they are a small corner shop. They obviously have the staff numbers and the where with all to implement proper stock controls).

Please can someone advise me as to the legalities involved in this episode.

RB.
 

fighter

New Member
Mar 6, 2011
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Basically we have what is called invitation- to –treat when items are on display or advertised as said’ they are usually a invitation- to –treat which allows the seller to refuse to sell.
Fighter
 

Rote Baron

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Jun 13, 2011
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How does the "invitation to treat" relate to the retailers legal obligation to sell at the displayed price.
If a retailer claims to have displayed at the incorrect price he could then just refuse to trade if you insisted that he honour the displayed price.
This surely would be contradictory?

RB.
 

fighter

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Mar 6, 2011
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How does the "invitation to treat" relate to the retailers legal obligation to sell at the displayed price.
If a retailer claims to have displayed at the incorrect price he could then just refuse to trade if you insisted that he honour the displayed price.
This surely would be contradictory?

RB.


In English law an invitation to treat is not an 'offer' in the contractual sense, and agreement to its terms, even if unqualified, does not constitute the formation of a contract. There are many instances where invitations to treat are misconstrued as offers.

For example, if a shop displays goods for sale with a price label attached, they are not obligated to sell for the marked price that could be if the goods were marked up by mistake this does not give you the right to insist the shopkeeper sell you that item.

This is because displaying goods for sale is an invitation to treat, not an Offer (see: Fisher v Bell 1961, Partridge v Crittendon 1968). In general, in a standard retail transaction the contract is made and concluded at the checkout.

There have been attempts to construe the selecting of items for purchase as being an Acceptance of offer but these have generally failed (see: Pharmaceutical society of Great Britain v Boots 1952).

Fighter
 

Rote Baron

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Jun 13, 2011
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I am confused.
I am aware of instances where Trading Standards have taken a view contrary to what you are suggesting.
Sale of goods being enforced at the displayed rate.

RB.
 

Rote Baron

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Jun 13, 2011
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Re: Obligation to Sell/Some Research

Dear Fighter,

Due to my afore mentioned confusion I made a visit to the library.
[Fenton Bresler. 'Law without a Lawyer' 1995]

My finding s are as follows…

Since the 1968 Trade Descriptions Act: the display of goods for sale is a legally enforceable offer of sale, " A person exposing goods for supply shall be deemed to offer to supply them."

Further more even if marked with an incorrect price, retailers may not refuse to sell the goods at the marked price nor refuse the sale.

It is an additional offence against the 1968 Act if a shop does not have identical goods for sale as the displayed items and at the same price, unless a notice attached to the display states something like, 'While stocks last'.

The above would appear to seriously contradict your advise that Tesco [or other retailers] by displaying goods are merely offering an 'invitation-to-treat'.
My research suggests that up until 1968 your advise was indeed correct but from then on ceases to be so.

I therefore have to conclude that Tesco were in breach of Trading standards when they refused to sell me the goods offered for sale and clearly in stock on the day.

Or are you going to now tell me that the 1968 Act has been reversed by more current regulation?

RB.
 

fighter

New Member
Mar 6, 2011
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Re: Obligation to Sell/Some Research

Dear Fighter,

Due to my afore mentioned confusion I made a visit to the library.
[Fenton Bresler. 'Law without a Lawyer' 1995]

My finding s are as follows…

Since the 1968 Trade Descriptions Act: the display of goods for sale is a legally enforceable offer of sale, " A person exposing goods for supply shall be deemed to offer to supply them."

Further more even if marked with an incorrect price, retailers may not refuse to sell the goods at the marked price nor refuse the sale.

It is an additional offence against the 1968 Act if a shop does not have identical goods for sale as the displayed items and at the same price, unless a notice attached to the display states something like, 'While stocks last'.

The above would appear to seriously contradict your advise that Tesco [or other retailers] by displaying goods are merely offering an 'invitation-to-treat'.
My research suggests that up until 1968 your advise was indeed correct but from then on ceases to be so.

I therefore have to conclude that Tesco were in breach of Trading standards when they refused to sell me the goods offered for sale and clearly in stock on the day.

Or are you going to now tell me that the 1968 Act has been reversed by more current regulation?

RB.
I have no wish to enter in to a argument with you and indeed I am not “telling you” as you have said’ and I quote “Or are you going to now tell me that the 1968 Act has been reversed by more current regulation?”. Forgive me if my interpretation to this comment is wrong

You asked the question I gave you what is correct and yet once someone gives their time,to answer you, you then choose to believe its wrong advice, and then decide to do some research yourself.This now begs the question why did you not do your research before posting, to then state no your finding to this are incorrect
Now it appears you believe you have a case, and you finding are correct, then by all means my friend, feel free to try get your local TS, to pursue them with your case under the Act of Parliament where you believe you have a case.

As I’ve posted the trader displaying the price of goods is not making an offer.

There displays are inviting buyers to make an offer at the price marked and are called 'invitations to treat'. A potential buyer cannot insist that a trader should sell her/him any goods simply because they are on display.
The Sale of Goods Act has nothing to do with display prices; it’s all about matching their description, being of satisfactory quality, and fit for purpose.

You would have a case is, if a trader who gives a misleading indication of a price commits a criminal offence under the Consumer Protection Act 1987. For example, it would be a misleading price indication if the shelf price of a product states it is £1.75 but the customer is charged £3.75 at the checkout, if you/me notice the different price charged we would say, “wait a cotton picking minute here” look what the price label says, and you’ve charged me a higher price, and leave it would we not?.

If you did buy something at a price higher than the price it has been marked up as, you could report this to the trading standards department in the local authority where you made the purchase.

Another example, just say you where this shopkeeper and one of your shop assistant made a mistake innocently or deliberately went around marking up hundreds of your more expensive items for argument sake it was £3.75 items to the cheaper price of £1.75, and you where aware of this, but your not able to do anything about it because the law says you have got to sell it at the price on the label, as and when they are presented at check out, therefore you lose hundreds of £’s in profit, would that be right and fair to you the shopkeeper?

Never you would quickly get around the store taking the item of the shelves withdrawing the items, explaining to customer that there had been a mistake and you will not be selling at the price on label.
Even if loads of customer start to complain the shopkeeper could just ask them to leave the store, therefore not serving anyone, “shopkeepers can refuse to serve anybody if they so wish”.

If you like please check one of many sites, for you either to believe what I have given you.
If you like please Google Which, Consumer Rights as i'am not able to post the link.

Fighter
 

Rote Baron

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Jun 13, 2011
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Back to being confused.

Firstly you put too much into the form of words I used. My response is not combative, nor do I think you are telling me in a dictatorial way. Its a discussion, and much appreciated.

However the summary article I found with regard to the 1968 act [ Fenton Bresler 1994] seems very clear and straight forward. Indeed Bresler states that up until 1968 a retailer was merely inviting members of the public to trade by displaying goods, much as you have said, but that from 1968 on this ceased to be the case.

As for taking legal action against Tesco for not selling me the DVD at the time, I would not waste my time on this, this was never my goal. I am however academically curious re' the rights and wrongs of the case.

"Or are you now going to tell me the 1968 Act has been reversed by more current regulation?" Is not a combative statement, rather it comes about as the Bresler article was published in 1994, 17 years ago, so I wondered if the detail was indeed still current.

Given that the labour Government introduced over 15000 new or revised laws during their term in office it is difficult for any non legal professional to understand their current individual rights and liabilities.
Maybe you are a legal professional and therefore have a better grasp of these things.

To satisfy my curiosity I will do as you suggest and follow up on the Which Consumer Rights site.

Your comments much appreciated,

RB.
 

fighter

New Member
Mar 6, 2011
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Ok my friend but that’s the way it came across “as what do you know”.

i am unable to put links in,as my post must be 10 or more on this forum.

Another site you could check would be Consumeractiongroup and a thread "Refusing to sell at advertised price".
I only use these links to show you, that instead of taking my word, what’s what.

I do have a experienced background in consumer rights

Fighter
 

ALewis

Moderator
Nov 23, 2010
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South Wales
I'll just put this i normal english for you :)

Basically, if you mark an item up at £18 , and get to the checkout, and its infact £5 , they are not obliged to sell to you at £5 , stupid i know, but thats the law...
a price tag of £18 does not mean, 'if you pick this up, you will pay £18, and nothing less or more' . it simply means, 'if you pick me up, take me to the till, you can have the opportunity to buy this off me, at a guide price of £18, though if there is a difference, and it is spotted, the till staff can refuse the sale'

An invitation to treat can be shown as at a market stall, i.e a car boot sale... you put all your stuff out on your table (shelves) and then people can come along and decide whether they want it or not,
An offer is where the market stall owner will say to someone ' tell you what, i'll give you this for £5' , where the customer has a chance to accept or decline..

Tesco aren't offering you any goods by putting stuff on a shelf, you see...
it's confusing i know, but thats the way it is...

Like the other guy said, take a look at case law Fisher v Bell 1961, the outcomes put things into context :)