Just checking: Stall breakages
Discussion
Just wanted to check on something before I'm in the same situation again and start offering advice (which I'm not qualified to do, but wanted to help).
Recently at an antiques fair, numerous stalls and quite a lot of them owned by small firms (addresses of stores and "we buy gold" signs a give away). Also of course every stall had the "breakages must be paid for" signs.
Now I'm fully open to correction on this one, but I was very much under the impression that legally breakages did not have to be paid for, that is exactly what "shop insurance" is there for. You'd have your stock insured if it was safe in a shop so I'd assume even more so if you were "taking it out to sell". No insurance and you've only got yourself to blame.
I know there is this issue with "only paying the buy-in price for an item". So an item for sale at £100 was only purchased in for £25, you would only pay the £25. However I was 99.9% sure that I'd read somewhere that you were simply not obliged to make any payment for breakages?
I'm asking because at said antiques fair some poor sole managed to knock something over. The stall owner was quite vocal and fully expected this guy to cough-up the ticket price for the item. I don't think the item was really, really expensive, however I could also see this was a lot more money than the guy expected to pay. I wanted to interject, but as above - didn't want to make a **** of myself :-)
Can someone confirm the law on this?
Ta
Recently at an antiques fair, numerous stalls and quite a lot of them owned by small firms (addresses of stores and "we buy gold" signs a give away). Also of course every stall had the "breakages must be paid for" signs.
Now I'm fully open to correction on this one, but I was very much under the impression that legally breakages did not have to be paid for, that is exactly what "shop insurance" is there for. You'd have your stock insured if it was safe in a shop so I'd assume even more so if you were "taking it out to sell". No insurance and you've only got yourself to blame.
I know there is this issue with "only paying the buy-in price for an item". So an item for sale at £100 was only purchased in for £25, you would only pay the £25. However I was 99.9% sure that I'd read somewhere that you were simply not obliged to make any payment for breakages?
I'm asking because at said antiques fair some poor sole managed to knock something over. The stall owner was quite vocal and fully expected this guy to cough-up the ticket price for the item. I don't think the item was really, really expensive, however I could also see this was a lot more money than the guy expected to pay. I wanted to interject, but as above - didn't want to make a **** of myself :-)
Can someone confirm the law on this?
Ta
I was more interested in the legal aspect rather than the general feelings. I mean for example if I were to trip in a store and knock over a stand containing extremely valuable items then what is expected of me and what is legally required of me I believe are two different things.
Can anyone point in the direction of the actual legal issue here?
Despite the overall "feeling" I believe that someone accidentally breaking something is not required by law to actually pay for the damages. Yes accidental damage insurance will be expensive, but then I guess as a shop owner that is the risk/gamble you are required to take.
Cheers.
Can anyone point in the direction of the actual legal issue here?
Despite the overall "feeling" I believe that someone accidentally breaking something is not required by law to actually pay for the damages. Yes accidental damage insurance will be expensive, but then I guess as a shop owner that is the risk/gamble you are required to take.
Cheers.
KingNothing said:
I don't know about stalls dealing in antiques, but IIRC in a regular shop if you break something and it's deemed to be your fault, you have to pay, but you don't have to pay the sticker price, you're only obliged to pay the wholesale price that the shop paid for that item.
That is one of the main points I'm trying to get to the bottom of.If it's your fault YOU HAVE TO PAY....
This is the bit I don't believe to be the truth. Now if you went into a shop and started throwing things around then criminal damage is factored in yes, police could be involved. If you actually ended up paying for it, well that is a different matter.
However if I walked into a store, picked something up and was looking at it and it just slipped out of my hands, is there something in law to say I have to pay for this item?
I'm under the impression there isn't and the "you must pay" and "you must pay retail price" are put around, probably by shop keepers, whereas actually based in law you don't actually have to make any kind of payment.
To the case in point, I'd believe that a stall would be the same as a store. It's still a retail environment.
If it was privately owned then I guess it becomes a civil matter, unless of course it's criminal damage.
Drunk person smashing up a car - entirely different.
That is intended damage, of course that person should pay.
If however in a store, pick up say a £100 item, for whatever reason it slips, I'm knocked, whatever and it falls to the floor. It's an accident and that is exactly what insurance is there for...accidents.
That is intended damage, of course that person should pay.
If however in a store, pick up say a £100 item, for whatever reason it slips, I'm knocked, whatever and it falls to the floor. It's an accident and that is exactly what insurance is there for...accidents.
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