Can a Customer Sue a Store for a Pricing Error?

Question from Sunny, Can a Customer Sue a Store for a Pricing Error?

Answer from AI:

In general, a customer may not be able to successfully sue a store for a pricing error. This is because a price tag is typically considered an invitation to treat, not a legally binding offer. However, the specifics can vary depending on jurisdiction and the details of the situation.

Understanding Invitations to Treat and Offers

In contract law, an invitation to treat is an action inviting other parties to make an offer to form a contract. These actions may sometimes appear to be offers themselves, but they are not. Price tags in stores are generally considered invitations to treat. This means that when Jenny picked up the blouse with the 30,000/= price tag, she was making an offer to buy the blouse at that price, not accepting an offer from the store.

The store then has the option to accept or reject her offer. In this case, the store rejected her offer, explaining that the blouse was wrongly priced. They then made a counteroffer of 70,000/=.

Relevant Case Law

A key case in this area is Pharmaceutical Society of Great Britain v Boots Cash Chemists (1953). In this case, the court held that goods on display in a self-service store were not offers to sell but invitations to treat. This means that the contract is made, not when the customer selects the item from the shelf, but when the store accepts the customer’s offer at the checkout.

Legal Advice

While this information provides a general understanding of the law, both Jenny and the store may wish to seek legal advice. A lawyer can provide guidance tailored to their specific circumstances. For example, if Jenny had discussed the price with a store employee before selecting the blouse, or if the store has a history of misleading pricing, these factors could potentially impact the legal situation.

Steps to Take

• Jenny: If she still wishes to pursue legal action, she should consult with a lawyer. However, given the general principles of contract law, she may wish to consider other options, such as filing a complaint with a consumer protection agency or leaving a review detailing her experience.
• The Store: To avoid such situations in the future, the store should ensure that all items are correctly priced. If a pricing error is discovered, it should be corrected as soon as possible. The store may also wish to review its policies with a lawyer to ensure they are legally sound.

Remember, this information is a general guide and not a substitute for legal advice. Always consult with a legal professional for personalized advice.