QUOTE(tipuism @ Jan 24 2011, 06:48 PM)
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
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.)