I`ve just got a phone call from a friend, she`s asked my opinion regarding the issue..

she accidentally dropped a box contain 2 mugs on the shelves, but when opened the box only one mug broken and the other one still in good condition.

does she need to pay both or only one that had broken?

if the mug come in pair then you will have to buy both....

how much both?

RM50 over. pith my friend. she got no cash and blur now..

RM50 over. pith my friend. she got no cash and blur now..

RM50 over. pith my friend. she got no cash and blur now..

RM50 over. pith my friend. she got no cash and blur now..

RM50 over. pith my friend. she got no cash and blur now..

RM50 over. pith my friend. she got no cash and blur now..

No need to pay at all.

The display of the mug is INVITATION TO AN OFFER.

There is no contract entered at that point.

it means we can destroy as many things as possible in that shop?

If you exercise reasonable caution, not an issue.

If you are negligent or reckless in your behavior in the shop, and knowingly committed the act of vandalism, u r gonna be responsible

No need to pay at all.

The display of the mug is INVITATION TO AN OFFER.

There is no contract entered at that point.

i tend to agree on this. Some shops do place their items in such a manner that it becomes a 'hazard', etc ... placing it on the walkway outside the shop. In such situation it's actually the shop fault.

> once broken considered sold

No need to pay at all.

The display of the mug is INVITATION TO AN OFFER.

There is no contract entered at that point.

sorry.... display of mug is invitation to an offer.... breaking equalized with accepting the offer.... and shop ask u to pay equals acceptance..... consideration no need to argue..... so u got full contract..... now pay for it. 

thank you for all advice..

just got update from my friend told that she need to pay and got discount for the items, lucky..her bf came and rescue to pay. but the cashier very rude, she shout to my friend to pay the broken mug...

True.
Untrue unless you purposely break the mug.

Dont pay a single cent.

Law students or those who practice/studies law would know this. Basic contract law.

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

hmm.. ^ in that case what about the signs that say once broken considered sold.. is that not a form of agreement

here u cant apply simple contract law. And in contract law, intention is not a matter..

then how to argue to the owner?

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

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

True.
Untrue unless you purposely break the mug.

Dont pay a single cent.

Law students or those who practice/studies law would know this. Basic contract law.

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.

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....

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.

to xeda : thanks for your information. nvr knw abt this. good info i learn today. 
you are genius. if they check cctv then how?

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

The shop has insurance to cover their items.

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

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

What about someone saw u drop and break item?

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

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....

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.

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....

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.

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

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". 

real lawyer's answer

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?

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?

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!

If someone saw ur wrong doing, than have to pay lor. Unless the mamak say no need pay.

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!

I`ve just got a phone call from a friend, she`s asked my opinion regarding the issue..

she accidentally dropped a box contain 2 mugs on the shelves, but when opened the box only one mug broken and the other one still in good condition.

does she need to pay both or only one that had broken?

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....

or what about when you go to restaurant and order a bunch of stuff, then eat, then say you dont want to pay because you didnt agree on paying for it.
then you leave.

pretty much a diick move like breaking things and running away too but whatever.

so to avoid the technicalities, just pay for what you break.
dont be a diick.

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?

Where are the mugs located? Suitable or ideal place to put or display them?

Can we argue on tis?

No need to pay at all.

The display of the mug is INVITATION TO AN OFFER.

There is no contract entered at that point.