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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Can someone settle an argument relating to displayed prices

Customer Question

Can someone settle an argument relating to displayed prices on goods, such as canned drinks and other pre-packged material.
The dispute lies upon whether a pre-endorsed price, i.e. not a removable label or tab, such as a can of soft drink, can be sold for greater than the value endorsed on the can.
e.g. a can of soft drink with a price endorsed as part of its package, i.e. on the price on the can as part of its packaging says £0.60p is able to be sold at a greater price by the retailer to the purchaser, for say 70p ; whether that be an additional label on the tin or on the display shelf.
It is agreed that you can sell below the price endorsed on the packaging, but can the retailer add a surcharge?
Please note that I am referring to English Law, not Scottish, Irish or European Law.
Any one have any legal authority whether it be in the form of Statute or Common Law.
My argument is that you can sell higher than the price encoded under the principles of the Supply of Goods and Services Act 1981, and in English Common Law: "Fisher-v-Bell" (often known as the flick-kinfe case") where it was seen that a flick-kinfe labelled with a price in a shop window, was not an offer for sale, but "invitation to treat", in both cases it would be illegal to sell a flick-kinife under Criminal Law.
Whilst in the case being discussed comes under Civil Law, dose the argument relating to "invitation to treat" being the label on either the tin itself as part of its manufacture, or a price tag attached to the object/item. Is it illegal to sell that item for a price than that endorsed on the tin at point of manufacture?
Would appreciate any feed back, in particular (English)_legal authorities which could be quoted in a reply and defence in County Court.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello my name is ***** ***** I will help you wtih this.

Alex Watts :

The price on something is just as you say, an invitation to treat.

Alex Watts :

It is the recommended retail price, not the actual retail price.

Alex Watts :

Therefore it is an invitation to treat because the contract can be cancelled up until you pay the money.

Alex Watts :

So you can take the item, walk around the shop and put it back.

Alex Watts :

If that was the point of contract as soon as it was picked up you could not change your mind.

Alex Watts :

When you take it to the till and the person says, that will be £1 please, as soon as you hand over the £1 that is the point of contract.

Alex Watts :

This is because even at the till you can change your mind

Alex Watts :

Once you hand over the £1 that is the contract

Alex Watts :

So if the thing has an RRP of £1 and the till says £1.50 - it is £1.50. You can change your mind

Alex Watts :

The case you want is: Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] EWCA Civ 6

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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