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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47405
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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i bought a product from a online site for £0.00 the product

Resolved Question:

i bought a product from a online site for £0.00 the product was sent to me and now the company is claiming the price was wrong and they want the full price of the product and have thretend court action if i dont pay were do i stand
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What is the value of the item they are claiming?

Customer:

i got a few products with a total rrp of between £400 and £1150. i got them for free

Ben Jones :

Whilst you could try and argue that a formal contract had been formed because you ordered something, paid for it and the retailer delivered it to you, such a contract could still be void and overturned under the legal principle of ‘mistake’ if it can be shown that the contract was formed as a result of a mistake by either or both parties. That would mean the retailer could argue that the contract was cancelled and that you would be obliged to return the goods because the contract was never formed in the first place.


 


One type of mistake in contract law is that of a unilateral mistake, where one party is mistaken while the other party is aware of this mistake and takes advantage of it when forming the contract. In this case it is certainly possible to argue that the retailer was mistaken as to the price of the goods, and you took advantage of that mistake to create the contract and use it for your profit. This is basically an unfair advantage that the courts can overturn. You may find it difficult to show that you genuinely believed items ranging from £400 to over £1,000 would really be offered for nothing so you should have known this was a mistake and not used it to your advantage in that way.


 


So if you refuse to pay, it is certainly possible for the company to take you to court, at least to try and overturn the contract for the initial purchase and demand the items back or seek some compensation. Whilst no one can predict the outcome of such a claim, the above is what the courts would be looking at when they make a decision.

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