Walk away like nothing happened. I do this all the time.

What about someone saw u drop and break item?

No. An agreement would need an offer, consideration and an acceptance.

That sign as one of the forumer said, is just an INVITATION to offer. Even if it is an offer, there is no acceptance from the other party.

Its like this. A shop puts up a sign (be it a once broken, etc, etc, or a price tag) = INVITATION to offer. (this means that the shop is inviting you to enter into a contract)

Once you bring the item to the cashier, it is a sign that you have ACCEPTED the offer. The price on the price tag would be the CONSIDERATION. (contrary to popular belief, the shop is not the one making the offer when someone buys something. Its the consumer. The moment you give the item to the cashier, it is understood that you're saying "I agree to the consideration of this item, and I am offering to buy this from you).

Once the cashier scans/keys in the item, it is an ACCEPTANCE, and you and the shop have entered into a contract.

A contract is only valid if there is an offer, acceptance, and consideration. A sign that says "once broken considered sold" is not an offer, and you breaking it is not an acceptance. Bring it to any court, they'll say the same thing. Thats just how it is.

You can actually. This simple basic contract law is the assignment/exam questions for most of the law students in Malaysia, as it depicts a real-life scenario where contract law is applied.

Tell the owner that you wont pay. And if the owner insists, just bring the matter to Consumer's Tribunal. Its like a small court, but its main purpose is to protect consumer's rights. This issue is one of the rare consumer rights that people do not know about.

i see.. ok ok thx brah
next time if i got break anything just say to boss

talk to the hand, see u in court astalavista babeh

ask your friend to ask for receipt when buy, then tomorrow you go back to the shop, make sure different cashier and then complain say that the mug is broken when you open...then you get new mug...

i is genius

RM50 for 2 mug is stupid

atleast got new mug rather than a broken one...

Tell the owner that you wont pay. And if the owner insists, just bring the matter to Consumer's Tribunal. Its like a small court, but its main purpose is to protect consumer's rights. This issue is one of the rare consumer rights that people do not know about.



if i am the shop owner, my argument is that i suffered loss due to your negligence in dropping the package causing the mug to break and thus depriving me of the opportunity to derive income by selling the mugs to any other interested party. it is only reasonable that you make good the loss since you are the one who caused the breakage.

the purpose of my sign "once broken considered sold is not an invitation but a reminder that my goods are fragile and you as a shopper must exercise reasonable care when handling and examining them.

it would be unreasonable for me not to allow potential customers to handle my goods as the chances of selling them is greatly diminished

This post has been edited by tipuism: Jan 24 2011, 06:49 PM

to xeda : thanks for your information. nvr knw abt this. good info i learn today.




you are genius. if they check cctv then how?

in malaysia theres no legal theory..... the only eligible formula.... you broke, you pay.... doesnt matter u did it on purpose or not...

u broke it.... u took the offer..... shop ask u to pay....shop accept..... consideration comes when you pay and accept the receipt and broken glass....

now try to reverse this argument.

wad defense u wanna raise??? no do it on purpose??? can u proof it on the balance of probability??? wads de proof and wads de basics of proofs???? cakap sajar tarak boleh buat apa apa bro....

This post has been edited by liez: Jan 24 2011, 06:52 PM

lets all have xeda prove to us then. lets have xeda go to the same shop and break items and walk scott free he is the man ....

only his words and law knowledge is absolute.

Whatever sign or fineprint they wanna put about "Once Broken Considered Sold" is rubbish.

The shop has insurance to cover their items.

u looking it the wrong way. u seeing it within the law. he seeing it above the law

Trust me...Xeda made mistakes in his theory and argument.....

aiya takkan la they wanna check cctv when you ask for change...even if they check, they will surely check after changing which she will be long gone...

you are right.

shop can ship back the item to supplier and said that the item broke in delivery

Yeah, you can argue it that way. Thats the thing about law. Its open to argument, but at the same time, it is guided by the law.

If you argued it that way, then the consumer would need not to pay the full price of the item. The sign is still not applicable, as if you argued it that way, what you will get is DAMAGES, not the selling price. Damages would be payment made to party that has suffered a loss due to another party. The damages amount would most of the time, be less that the real value.

I was talking strictly on how the consumer would be able to avoid paying the full price by applying contract law. Damages and the owner's argument is another thing altogether, but either way, the sign dont mean a thing. For something to be sold, basic contract law has to be applied. Which, in this case, it doesnt. A better sign should be "If you break this, you are eligible to pay etc, etc". The fact that the term "SOLD" is there, contract law is applicable.

(Of course, this is just to my understanding and knowledge of law. I might be wrong, but Im pretty sure Im not.)

that means i cannot say

talk to the hand see u in court astalavista babeh?