Scenario Number 2

In a local shop Fiona finds a leather skirt that is priced at £15. She decides there and then that she likes it and takes it to the checkout. The assistant tells her that, unfortunately, it has been incorrectly priced.

Is Fiona still entitled to the skirt for £15?

Answer

No. Fiona cannot insist that the shop sell her the skirt for £15. Fiona has offered to buy the skirt for £15 but the shop has not accepted her offer. This means that there is no contract. When goods are on display in a shop the price that is marked on the goods is known as an 'invitation to treat'. The shop is saying to the customer we invite you to trade with us - we invite you to make an offer to buy these goods. The shop does not have to accept the offer because it does not have to sell the goods. It is the shop's decision if it will sell something or not. Sometimes shops may not want to sell items because they are part of a display or sometimes - as in this case - because someone has marked them with the wrong price. However, if the shop regularly marks the wrong price on their goods and then tries to sell the se goods at a higher price the consumer should report the shop to the Trading Standards Service in that the shop may be committing a criminal offence by displaying goods for sale at a price which they are not available.

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