Breaking goods (accidentally) in a shop
Discussion
I have often wondered about the signs in shops saying something along the lines of "All broken items must be paid for in full" and how enforceable this actually is. Today Mrs O and I saw a sign saying that "All goods broken must be paid for at half the listed price"...or somesuch.
Hypothetically if you break something in a shop and the shop owner says you must pay for it and you say you have no money, then what can they actually do?
Do they have the law on their side? Have you entered any kind of contract when you enter their shop?
Could they ring the Police to try and enforce said notice? I wouldn't have thought that Plod would take kindly to being called out if it was an accident (obviously totally different if you run amok in the shop and wilfully break things).
If there are any legal types around, I'd be interested in knowing the answer...
...not that I'm going to go on any breaking spree
ta
Hypothetically if you break something in a shop and the shop owner says you must pay for it and you say you have no money, then what can they actually do?
Do they have the law on their side? Have you entered any kind of contract when you enter their shop?
Could they ring the Police to try and enforce said notice? I wouldn't have thought that Plod would take kindly to being called out if it was an accident (obviously totally different if you run amok in the shop and wilfully break things).
If there are any legal types around, I'd be interested in knowing the answer...
...not that I'm going to go on any breaking spree
ta
flashbang said:
No they can't. An accident is simply just that. Any grief, just run off! 
If I accidentally drive into your car, are you happy for me to just drive off??Its only right if you damage something, that you pay for it. However most shops will just write it off as cost of business.
V8 WUU said:
If I accidentally drive into your car, are you happy for me to just drive off??
Its only right if you damage something, that you pay for it. However most shops will just write it off as cost of business.
How you gonna do that with a damaged car? Plus I'm sure loads of witnesses would see/hear plus my dash cam would pick up on it. And you would be traced back with your reg number. Also that's what insurance is for. Plus the OP asked for a legal aspect so you would be reported to the police. You've compared two very different things. Its only right if you damage something, that you pay for it. However most shops will just write it off as cost of business.
Last Christmas my wife saw something in an Oxfam shop window that she wanted.
She asked the assistant and she suggested that my wife should get.
My wife reached through a Nativity scene to get the piece and as she withdrew her arm she knocked the Virgin Mary off the shelf and it smashed. So the other pieces suddenly were waste.
We offered to pay, but the assistant would not hear of it. We bought the thing my wife wanted and put the change in the donation can.
And then skulked-out feeling pretty s
tty. It was a genuine accident and perhaps the assistant should have fetched it herself.
She asked the assistant and she suggested that my wife should get.
My wife reached through a Nativity scene to get the piece and as she withdrew her arm she knocked the Virgin Mary off the shelf and it smashed. So the other pieces suddenly were waste.
We offered to pay, but the assistant would not hear of it. We bought the thing my wife wanted and put the change in the donation can.
And then skulked-out feeling pretty s
tty. It was a genuine accident and perhaps the assistant should have fetched it herself.I'm not sure that you enter into any sort of contact simply by walking into a shop which has a sign like that on display. However, under tort law, if the damage was a result of you failing to take the care that would be expected of a reasonable person, you would be liable for negligence - contact or no contract. That would probably apply to many (though not necessarily all) breakages.
oblio said:
I have often wondered about the signs in shops saying something along the lines of "All broken items must be paid for in full" and how enforceable this actually is. Today Mrs O and I saw a sign saying that "All goods broken must be paid for at half the listed price"...or somesuch.
If you break something, you have to/should cover their loss. That is not the potential loss of profit from a sale, but the actual loss of what they paid for it - ie, the invoice/trade price, less any discount, plus VAT if appropriate. Ask to see the invoice.defblade said:
oblio said:
I have often wondered about the signs in shops saying something along the lines of "All broken items must be paid for in full" and how enforceable this actually is. Today Mrs O and I saw a sign saying that "All goods broken must be paid for at half the listed price"...or somesuch.
If you break something, you have to/should cover their loss. That is not the potential loss of profit from a sale, but the actual loss of what they paid for it - ie, the invoice/trade price, less any discount, plus VAT if appropriate. Ask to see the invoice.Aretnap said:
I'm not sure that you enter into any sort of contact simply by walking into a shop which has a sign like that on display. However, under tort law, if the damage was a result of you failing to take the care that would be expected of a reasonable person, you would be liable for negligence - contact or no contract. That would probably apply to many (though not necessarily all) breakages.
The perfect answer. Close thread.
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff