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RE: FW: Shop@Kodak DX3700 Digital Camera
- To: <ukha_d@xxxxxxx>
- Subject: RE: FW: Shop@Kodak DX3700 Digital Camera
- From: "Ian Lowe" <ian@xxxxxxx>
- Date: Tue, 8 Jan 2002 19:24:05 -0000
- Delivered-to: mailing list ukha_d@xxxxxxx
- Mailing-list: list ukha_d@xxxxxxx; contact
ukha_d-owner@xxxxxxx
- Reply-to: ukha_d@xxxxxxx
Jon,
whilst not directly involved, I feel I have to point out something here.
You can't magic away a contract you don't like. If "mistakes"
could be
simply forgotten, then these forty million Finance companies hawking sucker
loans on Sky would go out of business in a day.
The Small Print argument here is not as powerful as it seems. This applies
in Scots law, but I suspect English Law has a direct equivelant: contracts
may not contain misleading terms, or terms which shift the balance of the
contract too far in one direction.
For instance, a contract which gave me the right to increase my prices
whenever I wished in the small print, and specifically stated that it could
not be cancelled within the time period, would almost certainly be deemed
as
invalid in a court of law.
The "shop" metaphor has been discussed. Here's another view of
that:
I see a product advertised in the shop window, at an exceptional, but
believable price.
I go to the Counter, and ask to purchase.
I am asked how I wish to pay.
I offer my credit card, which is swiped in an old fashioned
"paper" Visa
machine.
The Visa Slip is returned to me, as my receipt.
I go to collect the goods, and am told *there* that the price is wrong.
The reseller then proceeds to tear up their visa slip.
if this happened, would you accept it?
I would not. And as the TS people seem to have told Kenneth, Neither does
the law.
Ian.
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