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03-29-2011, 09:03 AM   #61
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Just an FYI to everyone that were interested in the issue. In Quebec, Canada, if a $599 TV is advertised by error at $5.99 on a website, and was ordered by a customer, then yes, the consumer is entitled to receiving it for the advertised price.

Pity it doesnt extend to the rest of Canada though

03-30-2011, 12:22 AM   #62
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03-30-2011, 09:36 AM   #63
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QuoteOriginally posted by Andi Lo Quote
Just an FYI to everyone that were interested in the issue. In Quebec, Canada, if a $599 TV is advertised by error at $5.99 on a website, and was ordered by a customer, then yes, the consumer is entitled to receiving it for the advertised price.
I am not familiar with the law in Canada, but in the USA the issue of Mutual and Unilateral Mistakes has been addressed:
When Mistake of One Party Makes a Contract Voidable Where a mistake of one party at the time a contract was made as to a basic assumption on which he made the contract has a material effect on the agreed exchange of performances that is adverse to him, the contract is voidable by him if he does not bear the risk of the mistake under the rule stated in 154, and
  1. the effect of the mistake is such that enforcement of the contract would be unconscionable, or
  2. the other party had reason to know of the mistake or his fault caused the mistake
Wikipedia's article on this cites British case law too. Some may find Benjamin Groebner, Oops! The Legal Consequences Of and Solutions To Online Pricing Errors, 1 Shidler J. L. Com. & Tech. 2 (May 26, 2004) informative too.

Last edited by henryp; 03-30-2011 at 09:41 AM.
03-30-2011, 04:21 PM   #64
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QuoteOriginally posted by Andi Lo Quote
Just an FYI to everyone that were interested in the issue. In Quebec, Canada, if a $599 TV is advertised by error at $5.99 on a website, and was ordered by a customer, then yes, the consumer is entitled to receiving it for the advertised price.

Pity it doesnt extend to the rest of Canada though
Uhhh....sorry. But you couldn't be more wrong about this.

03-30-2011, 04:29 PM   #65
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QuoteOriginally posted by henryp Quote
I am not familiar with the law in Canada, but in the USA the issue of Mutual and Unilateral Mistakes has been addressed:
When Mistake of One Party Makes a Contract Voidable Where a mistake of one party at the time a contract was made as to a basic assumption on which he made the contract has a material effect on the agreed exchange of performances that is adverse to him, the contract is voidable by him if he does not bear the risk of the mistake under the rule stated in 154, and
  1. the effect of the mistake is such that enforcement of the contract would be unconscionable, or
  2. the other party had reason to know of the mistake or his fault caused the mistake
Wikipedia's article on this cites British case law too. Some may find Benjamin Groebner, Oops! The Legal Consequences Of and Solutions To Online Pricing Errors, 1 Shidler J. L. Com. & Tech. 2 (May 26, 2004) informative too.
Exactly.

As someone who did tons pf pre-press ad production in the 80s and 90s in New York, just because I was either getting ready to quit my job or getting lazy at it, that doesn't make my client responsible for me inputting $5.99 as apposed to $599 for a 32" HD TV.

That's the reason "Not responsible for typographical errors" came into existence.

Or does the OP and others here actually believe they have a right to a 32" HD TV for $5.99, because of a typo?
03-30-2011, 04:53 PM   #66
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QuoteQuote:
Or does the OP and others here actually believe they have a right to a 32" HD TV for $5.99, because of a typo?
I suspect only when they are the buyer not when they are the seller.
My obvious meaning is that if they put up their used DSLR on this forum's
market place for a typo of 5.99 instead of 599. would they
meekly deliver at that price?
03-30-2011, 05:07 PM   #67
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QuoteOriginally posted by Andi Lo Quote
Just an FYI to everyone that were interested in the issue. In Quebec, Canada, if a $599 TV is advertised by error at $5.99 on a website, and was ordered by a customer, then yes, the consumer is entitled to receiving it for the advertised price.

Pity it doesnt extend to the rest of Canada though
If this is a true statement, then the lawmakers in Quebec need to pull their heads out of their asses and use some common sense. If something is a clear mistake (like a $599 TV advertised for $5.99), and not a case where a retailer is being deceptive, then why would you or anyone else expect them to honor it?
03-30-2011, 07:07 PM   #68
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QuoteOriginally posted by dgaies Quote
If this is a true statement, then the lawmakers in Quebec need to pull their heads out of their asses and use some common sense. If something is a clear mistake (like a $599 TV advertised for $5.99), and not a case where a retailer is being deceptive, then why would you or anyone else expect them to honor it?
The statement that was made by the Quebecc poster isnot enteerly true . THe law clearly state that if the advertising is wrong and that the seller indicate on the point of sales or change price on the internet , the buyer is not entitled to that lower price. If he do not indicate the mistake, yes in that case only , he need to sell at the advertise price

03-30-2011, 08:38 PM   #69
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QuoteOriginally posted by bobmaxja Quote
The statement that was made by the Quebecc poster isnot enteerly true . THe law clearly state that if the advertising is wrong and that the seller indicate on the point of sales or change price on the internet , the buyer is not entitled to that lower price. If he do not indicate the mistake, yes in that case only , he need to sell at the advertise price
Thank you for the clarification. I had assumed the original statement was not entirely accurate, which is why I qualified my response with the bold "If" at the beginning
04-01-2011, 03:54 PM   #70
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QuoteOriginally posted by bobmaxja Quote
The statement that was made by the Quebecc poster isnot enteerly true . THe law clearly state that if the advertising is wrong and that the seller indicate on the point of sales or change price on the internet , the buyer is not entitled to that lower price. If he do not indicate the mistake, yes in that case only , he need to sell at the advertise price
Can you please link to said law? I would like to know about this also.

Here's a link to the Quebec law I mentioned. It doesn't say anything about price errors
CanLII - Consumer Protection Act, R.S.Q. c. P-40.1

QuoteQuote:
224. No merchant, manufacturer or advertiser may, by any means whatever,

(a) lay lesser stress, in an advertisement, on the price of a set of goods or services than on the price of any goods or services forming part of the set;

(b) subject to sections 244 to 247, disclose, in an advertisement, the amount of the instalments to be paid to acquire goods or to obtain a service without also disclosing the total price of the goods or services and laying the greater stress on such total price;

(c) charge, for goods or services, a higher price than that advertised.

For the purposes of subparagraph c of the first paragraph, the price advertised must include the total amount the consumer must pay for the goods or services. However, the price advertised need not include the Québec sales tax or the Goods and Services Tax. More emphasis must be put on the price advertised than on the amounts of which the price is made up
Just from my limited experience, My Quebec friends' orders that were price errors were usually honored by the retailer. So far, when participating in ordering said errors, my orders have never been honored.
04-01-2011, 04:39 PM   #71
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Just as a point of interest, both Quebec law and TROC law are immaterial when a Canadian is dealing with B&H photo.
04-02-2011, 10:20 AM   #72
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QuoteOriginally posted by Wheatfield Quote
Just as a point of interest, both Quebec law and TROC law are immaterial when a Canadian is dealing with B&H photo.
I was actually wondering exactly that too (Non-canadian retailer x Quebec Resident). Thanks Wheatfield
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