I'd let them know.  I assume I will still get a good discount, but even if not, apparently, I had intended to spend $135 anyway.

Rather spend extra money and have a clear conscience.

NostraHOGus wrote:

I didn't see the facts of the original scenario, but I am asssuming there was no discussion of the too-good-to-be-true price before the guy made off with the club.  Under those cicumstances, I'm not sure he even legally owns the club.

As some have pointed out, it is common business practice to gratuitously concede the price of a mismarked item, but rest assured that the favor is gratuitous. It might make good business sense to give customers the benefit of the bargain they thought they were getting, but that logic fades as we move from a pair of pants on the wrong rack to a specialty item worth dramatically more than the marked price.

I was taught that the law treats price tags or advertisements as an invitation to make an offer, not an offer (call the price tag a form of preliminary negotiations if you will).  Therefore, the offer to buy at the marked price can only be accepted by the seller.

The valid offer and acceptance required to form a binding contract can be wrecked, however, by the concept of mistake or misunderstanding.  (Ask Mud to interpret those enlightening provisions from the Restatement of Contracts (SECOND), as he makes a living getting folks out of contracts because somebody made the mistake of getting into them.

As always, however, the facts are paramount to proper application of the law, and the law can be counted upon to produce cases with extreme facts:  Here's a case in which a boy bought a $1200 baseball card (the card's approximate value) because the clerk thought the boy was buying a $12.00 baseball card.  The clerk's boss was not very pleased, and the boy really liked the deal he got.

All considered, in a case like the golf club, I believe we are supposed to avoid pulling the wool down further than it already is.  If the clerk or owner wants to reward our honest inquiry by giving us a break on the price, that's just great.  It's rather unseemly, however, to trip over one's self while exiting undetected from the store and bragging about the gain flowing from another's misfortune.

bakedog19741 wrote: Don't know on this one, I've found some clothes I liked before, labeled around $75, got to the checkout and got charged $25, didn't say anything. I also didn't brag about it,(you just did) I've also gone to the store picked up clearance rack items and got to the register and saw it rung up for full price. Said something and the manager said wasn't our fault if you don't pay the whole price you can't have it. Then I've had managers credit the mistake and give me the clearance price.

I also bought some stuff from an old mom and pop store and the guy made a mistake in charging me, I let him know and paid the extra money, for some reason a smaller store compared to Wal-Mart tends to get more sympathy from me. (WOW)Yes that entire first paragraph was at the exact same Wal-Mart.

---------------------------------------------
--- CMhawgtracks wrote:

to buy a $135 golf club and when he checks out the club has been mislabeled as a $20 item, what would be the proper thing to do? Pay the $20 or inform the clerk that the item had been mislabeled?

---------------------------------------------

bakedog19741 wrote: Don't know on this one, I've found some clothes I liked before, labeled around $75, got to the checkout and got charged $25, didn't say anything. I also didn't brag about it,(you just did) I've also gone to the store picked up clearance rack items and got to the register and saw it rung up for full price. Said something and the manager said wasn't our fault if you don't pay the whole price you can't have it. Then I've had managers credit the mistake and give me the clearance price.

I also bought some stuff from an old mom and pop store and the guy made a mistake in charging me, I let him know and paid the extra money, for some reason a smaller store compared to Wal-Mart tends to get more sympathy from me. (WOW)Yes that entire first paragraph was at the exact same Wal-Mart.

---------------------------------------------
--- CMhawgtracks wrote:

to buy a $135 golf club and when he checks out the club has been mislabeled as a $20 item, what would be the proper thing to do? Pay the $20 or inform the clerk that the item had been mislabeled?

---------------------------------------------

bakedog19741 wrote: I'll actually go one further and tell you a story my grandm told to us when we were little. She tried to teach us about stealing. My grandma was born in 1913, her oldest brother in 1885, he raised her and told her the story trying to teach her right from wrong. When he was 10 years old he saw three indiviuals hanged at the same time. One was a 33 year old man that robbed a bank, one was a fella from Texas that stole a horse, the third was a 12 year old boy, who took a short cut across a neighbors yard, looked down and saw a bobby pin. He picked it up and continued his journey home. All three had to see judge Parker according to him there was no difference in what any did. All three hanged.

So my question to the board did all three commit a crime? Most of you'd say yes, so then I'll follow up how many have eve picked up a penny? Unless it was in your yard, you stole it.



Edit, Parker died before my great-uncle was born, so I'm not sure if the event actually happened, but the story got the effect he wanted on my grandma.

bakedog19741 wrote: The correct answer would be NO it doesn't matter, but it does. I know everyone is gonna pull the high and mighty, but every person on this board has done it. If you don't think so carry a calculator with you next time you get groceries or go to McDonalds or another place during lunch time when there is a rush and go through the drive thru. More than likely you'll catch a mistake. Guarantee it's happened before and you didn't notice til you got home. And I'll bet the majority didn't call them back and say hey there is an extra burger in my bag I'll come back and give you the money for it. Is it right, NO you should call back, but everyone has done whether they noticed at the cash register like I did or waited and found the mistake at home.