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> once broken considered sold, should pay one or both?

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SUSautoman5891
post Jan 24 2011, 06:57 PM

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QUOTE(adren1 @ Jan 24 2011, 06:37 PM)
What about someone saw u drop and break item?
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Act like nothing happened.
liez
post Jan 24 2011, 06:57 PM

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QUOTE(whoopa @ Jan 24 2011, 06:53 PM)
u looking it the wrong way. u seeing it within the law. he seeing it above the law
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which part of his is above the law? he had been explaining about legal theories from the law of contract.....these are all in the law itself....

u talk beyond the law when you talk something really realistic that can happen in real world situation especially malaysia.
SUSxeda
post Jan 24 2011, 06:57 PM

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QUOTE(liez @ Jan 24 2011, 06:50 PM)
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....  biggrin.gif

now try to reverse this argument.  smile.gif

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....
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As I've said before, the sign is NOT AN OFFER. It is an INVITATION TO OFFER.

Read up my post again and try to understand it instead of just asking me to counter your argument.
adren1
post Jan 24 2011, 06:58 PM

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small shop buy insurance to protect items?
Don't think so.
penmarker
post Jan 24 2011, 07:00 PM

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so that means you can break stuff accidentally and leave, not paying for it.
thats a pretty diick move and you all know it.
adren1
post Jan 24 2011, 07:00 PM

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Invitation to treat got la
liez
post Jan 24 2011, 07:00 PM

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QUOTE(xeda @ Jan 24 2011, 06:57 PM)
As I've said before, the sign is NOT AN OFFER. It is an INVITATION TO OFFER.

Read up my post again and try to understand it instead of just asking me to counter your argument.
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you still don't understand what I was trying to say.

I said...the sign IS AN INVITATION TO TREAT/OFFER....

and you broke it can render you offer for the damage goods. now get it?

now then the shop can accept your offer anytime....

This post has been edited by liez: Jan 24 2011, 07:01 PM
furryfluffy
post Jan 24 2011, 07:01 PM

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laugh.gif

if they dun buy insurance, their problem... so the shopper has to be liable for the risk that shop owner take for not insuring their goods?

laugh.gif

This post has been edited by furryfluffy: Jan 24 2011, 07:01 PM
SUSxeda
post Jan 24 2011, 07:03 PM

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QUOTE(liez @ Jan 24 2011, 07:00 PM)
you still don't understand what I was trying to say.

I said...the sign IS AN INVITATION TO TREAT/OFFER....

and you broke it can render you offer for the damage goods. now get it?

now then the shop can accept your offer anytime....
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Make up your mind. One minute you're saying that "you broke the item, you took the offer" and now you're saying "you broke it, therefore you're accepting the invitation to offer"

Deng.
adren1
post Jan 24 2011, 07:03 PM

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Another thing to safe your friend izzzzzzzzzz u ask ur fren injure her self by using the broken mug pces....... ask her to pick it up and injured her self inside the shop.
furryfluffy
post Jan 24 2011, 07:04 PM

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QUOTE(xeda @ Jan 24 2011, 07:03 PM)
Make up your mind. One minute you're saying that "you broke the item, you took the offer" and now you're saying "you broke it, therefore you're accepting the invitation to offer"

Deng.
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dun feed the troll. case closed.


adren1
post Jan 24 2011, 07:04 PM

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The shop would be liable if your friend cut herself with a broken mug.
SUSeim_joez
post Jan 24 2011, 07:05 PM

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QUOTE(liez @ Jan 24 2011, 06:55 PM)
Trust me...Xeda made mistakes in his theory and argument.....  smile.gif
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real lawyer's answer

QUOTE
Question

I often see notice/clause such as "once broken considered sold" being displayed on shelves especially glassware.

Am I legally bound by such notice, as a consumer?

What are my rights? Can I outright reject it against the cashier if I accidentally broke one? Am I obliged to pay?

Do advise a case or two so that I may refer to and learn from it.

Answer

An interesting question, and I'm not entirely sure I know the answer.  Fortunately, I haven't ever had to find out first-hand!  A contract requires a meeting of the minds, that is, an agreement amongst the parties.  You haven't agreed to anything; although, a better worded sign from the retailer's side would be in large print, posted at the entrance and say something like "NOTICE: SHOPPERS ENTER AT OWN RISK AND ARE RESPONSIBLE FOR ANY MERCHANDISE BROKEN".  So arguably you are not bound, especially if you exercise reasonable caution in the store and tragedy befalls nonetheless.  If you are negligent or reckless in your behavior in the store, you are likely going to be responsible. 

The long and short of it is that just because the sign is there, that doesn't answer all the questions, whatever the shopkeeper might think.  Likewise, with the fine print on the back of valet tickets, parking ticket stubs, admission tickets, etc.  Most people believe they are bound by these terms they have no ability to negoitate and that they sometimes are not even aware of until after something has happened; however, in many cases these have been held ineffective by courts.  I am not aware of a specific case on the "Break it, pay for it" signs, but there may well be one out there.  Of course, you didn't specify your state and this could vary from state to state.

I hope this helps a little, though, of course, I don't profess that it's "the answer". 


smallvill3
post Jan 24 2011, 07:06 PM

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xder duit lain kali tangan jgn gatal2
7439926
post Jan 24 2011, 07:07 PM

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would this "invitation to an offer" be applicable to restaurant also...

let say i go to a mamak then i see all those delicious food...suddenly i sneeze with my hingus all jatuh inside the kari kepala ikan and the mamak saw all this. then the mamak ask me to pay since i contaminate the food.

can i say i dowan to pay because i havent accept the offer?
SUSxeda
post Jan 24 2011, 07:09 PM

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QUOTE(eim_joez @ Jan 24 2011, 07:05 PM)
real lawyer's answer
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Of course, if one were to really debate this matter into depth, it would be looooooooooooooong, as thats what law is about. Law is absolute, but at the same time, it is open to interpretation. There's numerous cases whereby a jury/judge's decision is completely opposite compared to the same case before.

You'd need to consider a lot of things and would enter into a long argument from both sides.

The short and simple answer would probably be like what the lawyer said. You're not bound. The long answer would be, you're not bound ONLY if - etc, etc, etc.
adren1
post Jan 24 2011, 07:09 PM

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QUOTE(7439926 @ Jan 24 2011, 07:07 PM)
would this "invitation to an offer" be applicable to restaurant also...

let say i go to a mamak then i see all those delicious food...suddenly i sneeze with my hingus all jatuh inside the kari kepala ikan and the mamak saw all this. then the mamak ask me to pay since i contaminate the food.

can i say i dowan to pay because i havent accept the offer?
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If someone saw ur wrong doing, than have to pay lor. Unless the mamak say no need pay.
penmarker
post Jan 24 2011, 07:09 PM

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what if you take the item in there, and say "No i dont want to pay for this. so im not accepting the offer (or whatever shit u people are arguing about). so i no need pay. you should've insured your merchandises."

and then leave.
thats a probably a bigger diick move than breaking and running out, but u know, you can always push the boundaries.

This post has been edited by penmarker: Jan 24 2011, 07:10 PM
arsenwagon
post Jan 24 2011, 07:09 PM

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if i wented chow kit and i fucuk the prostitute, then i say i jz test drive can? she force me pay but i say i am allowed to touch n test whatever ride i wanna buy , as a consumer we must know what we buying.
tipuism
post Jan 24 2011, 07:10 PM

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QUOTE(7439926 @ Jan 24 2011, 07:07 PM)
would this "invitation to an offer" be applicable to restaurant also...

let say i go to a mamak then i see all those delicious food...suddenly i sneeze with my hingus all jatuh inside the kari kepala ikan and the mamak saw all this. then the mamak ask me to pay since i contaminate the food.

can i say i dowan to pay because i havent accept the offer?
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This is interesting.

the most likely scenario is the mamak will whack you on the head, take the curry to the kitchen, remove your hingus, boiling is optional and bring the curry right back to sell after you have left!



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