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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33716
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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If I purchased a bag at a retail store and they sold it than

Customer Question

If I purchased a bag at a retail store and they sold it for less than it was marked at. Can they after the transaction, and after I've left the store require me to pay the balance of money to the original amount?
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Was this some type of mistake by the store clerk in ringing up the bag?

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Or was it mislabeled?

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How much money are we talking about here?

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thanks

Barrister

Customer: replied 1 year ago.
It was a mistake by the person ringing up the bag and she also said the wrong price verbally too when ringing it up. I didn't correct her as I thought it may have been on sale. Since then the store has called and is saying I owe $1,090 in the remaining cost of the item that I wasn't charged for. The bag itself was labeled correctly once I checked at home.
Customer: replied 1 year ago.
Legally, do I need to pay the remaining money? And/or is there a way for them to come after me legally for it?
Expert:  Barrister replied 1 year ago.

In a situation like this, there are several schools of thought...the first is that under the doctrine of "mistake" when a contract is entered into between two parties with an assumption about the price, and there is a mistake made, then either party can seek to put the contract aside and legally void it.

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The second alternative is that the clerk is acting as the agent of the employer and has the power to bind them in a transaction under the doctrine of "respondeat superior", even if the transaction harms the employer.

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The third is based on the doctrine of "unjust enrichment" which states when someone receives a benefit that they aren't legally entitled to that they have to repay it or compensate the other party for its value.

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So if this got before a judge, I would opine that he would rule in equity that under the doctrine of mistake and unjust enrichment, this was simply a clerical error and you would have to either return the bag and receive a refund or pay the additional cost of the bag to avoid being unjustly enriched.

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However, with an amount this small, I find it unlikely that they would try to sue you for the balance due and will likely use it as an example to other employees to always double check their work..

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This would be a purely civil matter since you had nothing to do with the clerk ringing up the wrong price, so they can't legitimately threaten you with any type of criminal actions.

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thanks

Barrister

Customer: replied 1 year ago.
Thank you.
Expert:  Barrister replied 1 year ago.

You are very welcome. Glad to help any time..

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thanks

Barrister