RE: FW: Shop@Kodak DX3700 Digital Camera

["Kenneth Watt" <kennwatt@xxxxxxx>]

Good point Ian and very well put, that is more or less exactly the way I
was thinking about the whole affair, I just was not as eloquent or clear
about it.

K.

> -----Original Message-----
> From: Ian Lowe [mailto:ian@xxxxxxx]
> Sent: 08 January 2002 19:24
> To: ukha_d@xxxxxxx
> Subject: RE: [ukha_d] FW: Shop@Kodak DX3700 Digital Camera
>
> 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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