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Sheena Palanivelu (Student)     22 November 2009

Can any1 answer this Q plz?

Dayalan started "self service" system in his shop. Tmt.Vijaya entered the shop, took a basket and after taking articles of her choice into the basket reached the cahier for payments. the cashier refuses to accept the price. can dayalan be compelled to sell the said articles to Tmt. Vijaya?



Learning

 11 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     22 November 2009

SOME WHAT CONFUSING QUERY, U R ASKING D RIGHTS OF CONSUMER OR SHOPOWNER OR CASHIER. AFTER ALL IT IS A SHOP OF SUPERMARKET SELF SERVICE, IF HE DENY GO FOR THE ANOTHER.

Suchitra. S (Advocate)     22 November 2009

Hey, the query is relating to offer and acceptance. Pl go through the case law 'Pharmaceutical Society of Great Britain v. Boots Cash Chemicals Ltd.

Suchitra. S (Advocate)     22 November 2009

The self service system amounts to 'invitation to offer'. The intending buyer makes an makes an offer to buy the goods. The shop keeper may accept or reject the offer. The contract will arise only when the offer is accepted. No customer can force the shopkeeper to sell the goods at th price mentioned on the tag.

1 Like

Jithendra.H.J (Lawyer)     22 November 2009

yes, suchitra's view is correct

Sheena Palanivelu (Student)     22 November 2009

thank you suchitra.... I understood the concept.. wil check out those topic in contracts.. this Q came in my exam yesterday :P. . .  left it.. cuz did not understand properly..

ABCDEFGHIJKLMN (ABCDEF)     22 November 2009

 

Helo !

I differ with the views expressed by Mdm Suchitra and Shri Jitendra HJ.

 As far as I understand, (1) Shopkeeper or Cashier has no right to deny to the customer, once the article is displayed for Sell. He has to accept the offer of the customer if customer is ready to pay the price, as per tag marked on the article. and there is no dispute about the price(2) If shopkeeper/cashier did not want to sell the article, they should have removed the same from the shelf/display.

Bhasker Parikh

Bhasker.parikh@gmail.com

 

 

Suchitra. S (Advocate)     22 November 2009

Dont worry about the papers which are over now.. study well. Actually you can score in the questions like this..  :)  All the best.

Sanjeev Kuchhal (Publishers)     22 November 2009

Mr.Parikh, what you have said is the practical view of the matter. However Suchitraji is right as far as legal position is concerned regarding the contract of offer and acceptance.

ABCDEFGHIJKLMN (ABCDEF)     22 November 2009

Mr. Kuchchal,

Thanks for conveying legal aspect.

However In that case Shop owner should have immediately either removed it from the Shelf,or mark "ALREADY SOLD" so as to avoid problems.

In foreign countries, Even by mistake if an article is tagged at lower pricetag (during Sale period) and after that  the offer of discount is withdrawn (because of Sale period is over) and  price restored to original price. Which was more , Store has by mistake forgotten to remove the old tag and consumer presants it to the counter, he is charged the discounted old / lower rates.

Bhasker Parikh

Sanjeev Kuchhal (Publishers)     22 November 2009

Mr. Parikh, the price on display is simply what the law calls an 'invitation to treat'. When a trader displays or advertises goods or services, he is giving consumers an "invitation to treat". The consumer will then make an offer to buy the goods or services, and at this point the trader is under no obligation to accept the offer. "Invitation to treat " and an "offer/proposal" are distinct. It is settled law that "invitation to treat" cannot be said to be a firm offer. The shop is not obliged to sell you the product. A contract is made if and when the trader accepts the offer.

Same law of contract is valid even in foreign countries. Shop-keeper may sell the goods prices at lower amount by mistake to make his goodwill but we are discussing the law point here.

1 Like

N.K.Assumi (Advocate)     23 November 2009

Agreed with Suchitra. I'ts only invitation to treat.


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