Sold the wrong TV, what would you do?

ethan · 22 Oct 2008 at 22:10

Hmm I wonder if this discussion will carry on long after the matter is resolved?

No, both cases relate to mistake, Lever Bros being the leading authority. They may be authority for other areas of law but I don't know.

The effect of Lever Bros is that the only false assumption which will amount to an operative mistake is that which relates to the very existence of the subject matter.

Interesting point. Not quite a hanging offence then

Jet · 22 Oct 2008 at 22:13

fini said:
I'm popping in to the middle temple library tomorrow so I'll sit down read both and refresh my memory. In either case though I would disagree that the mistake was not a fundamental one. It was entirely the wrong television with an entirely different feature set. It was not the wrong colour, it was the wrong model, the wrong specification and the wrong capabilities.

I'd disagree that it was fundamental (see Oscar Chess Ltd v Williams) but it's a moot point since the statements about mistakes being fundamental were obiter dicta and, under the doctrine of stare decisis, are not legally binding.

In fact, the mistake in Lever Bros was undoubtedly fundamental yet the case is still considered good law.

-Ad- · 22 Oct 2008 at 22:35

I suggest you read OJ simpson vs some american people.

*Inserts mad sentence with law words to confuse them*

ethan · 22 Oct 2008 at 22:45

Dumb and dumberer ring a bell

MathewS · 22 Oct 2008 at 23:09

You dont have to pay, its there mistake and they waived there right to ask for money after paying and leaving the shop. If they get in contact with you again, say it was the person that sold you the tv that should be paying for it!

Cupra · 22 Oct 2008 at 23:24

id reply saying ill bring it back for a full refund nothing else

FordPrefect · 23 Oct 2008 at 01:53

Mujja said:
My thoughts exactly, I wouldn't even be posting here if that was the case.

I was also worried for a second about the guy who made the mistake losing his job but he was a rude, rushed me when paying and when carrying the heavy box to my car to the point where I almost fell over twice and then used his foot to kick the box in to the tight space. Then slammed the door shut and walked off.

I wouldnt agree with that. He bought a TV set at a price that he wanted why should he pay for there mistake? Given that they couldnt resell the set as brand new it would cost them more to give you what you paid for.

As to the original question I am fairly sure that they dont have a leg to stand on and this is just a desperate manager trying to cover up someones mistake. Show me a CCTV that can zoom in historically onto the box to show the model number. All they will have is that you paid for a TV set on x date on there computer, on the CCTV they will have a recording of you walking out with a big box, maybe you could make out that its a panasonic TV.

As others have said check with your local traiding standards, at worst all the company can do is exchange one TV for the other at there expense, which i am sure will cost them more than just letting you keep the set you have.

FordPrefect · 23 Oct 2008 at 01:55

Energize said:
When you buy a tv in a shop do they ask for your details after or before the transaction is complete?

As far as I can see if it's after you can just refuse and there's nothing they can do about it as your not legally obliged to give them details and if it's before you can just give fake details and they would never know, nor would it be fraud.

The shop is legally obliged to get your details to pass onto the TV licensing people, this also includes second hand shops too.

Snograt · 23 Oct 2008 at 07:29

This is Chewbacca, Chewbacca is a Wookiee from the planet Kashyyyk, but Chewbacca lives on the planet Endor. Now, think about that. That does not make sense! Why would a Wookiee - an eight foot tall Wookiee - want to live on Endor with a bunch of two foot tall Ewoks? That does not make sense! What does that have to do with this case? Nothing. Ladies and gentlemen, it has nothing to do with this case! It does not make sense! None of this makes sense. If Chewbacca lives on Endor, you must acquit! The defense rests. DAMNIT!

danza · 23 Oct 2008 at 07:41

LOL at the Chewbacca defense!

the shadow · 23 Oct 2008 at 08:10

I thought stores could only hold cctv pics for 28 day's ? :confused:

muttclugg · 23 Oct 2008 at 08:25

I had the exact same thing happen to me but in my case a lad from the shop agreed to carry the TV out of the store and to the car for me

. They rang up and said I had to pay the difference or bring it back down to them (half and hour packing it up, half hour there and back). I said I didn't have the time and therefore if they wanted it, they were welcome to come and get it.

In the end they gave up, admittidly the mistake wasn't quite as much as in this case (the difference was only £80~) but I think they just wrote off the debt as managers discount or something along those lines.

My advice would be to say back to them in writing it is their mistake and they are welcome to collect it and pack it up in their own boxes. Tell them you don't have the time to do so (or the boxes). If the shop is close, you could possibly tell them the TV is elsewhere (friends house etc?) as it was a present and that this house is 200 miles from there branch?

the shadow · 23 Oct 2008 at 08:41

Tell em you exported the tv to Zumunda .They can collect it any time the wish. :cool:

Participant · 23 Oct 2008 at 09:08

Tomsk said:
I think this may come under unsolicited items

http://www.berr.gov.uk/whatwedo/consumers/buying-selling/Adprice/index.html

Maybe you ask them for the TV you actually paid for AND keep the freebie.

That would be superb!!

Participant · 23 Oct 2008 at 09:40

the shadow said:
I thought stores could only hold cctv pics for 28 day's ?

Lol, that must be the biggest rubbish posted in this entire thread, including the Chewbacca defence!

Pug · 23 Oct 2008 at 09:50

Robbie G said:
Chewbacca defence!

But why does a wookie live on Endor?

Cuchulain · 23 Oct 2008 at 09:52

Pug said:
But wookies DO live on Endor?

Now why would a wookie, an 8 foot tall wookie, want to live on Endor with a bunch of 3ft tall Ewoks?

Pug · 23 Oct 2008 at 09:53

hehe, corrected it

Archy · 23 Oct 2008 at 10:24

Cuchulain said:
Now why would a wookie, an 8 foot tall wookie, want to live on Endor with a bunch of 3ft tall Ewoks?

Handy for resting his pint on while watching the footy?

callmeBadger · 23 Oct 2008 at 12:00

My congratulations go to Snograt for a truly great example of a thread derailment. Who would have thought 10 pages ago that a consumer rights issue would end up in a debate on living habits of Wookies.

Bravo.