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Mistake in an advertisment

  • 08-05-2013 4:50pm
    #1
    ruburd
    Registered Users, Registered Users 2 Posts: 20 ✭


    A mistake in a published ad regarding price or subject matter is this a unilateral mistake or a mutual mistake ?

    Covered under Sale of Goods and Supply of Services Act, 1980./ Sale of goods act 1973 s7 ( latter act may be English..? )
    but looking for a definitive answer regarding the above...
    if unilateral mistake generally refers to mistaken identity, and could mutual mistake be applicable or is the offeror of the ad actually not mistaken ?


Comments

  • #2
    delta_bravo
    Registered Users, Registered Users 2 Posts: 4,567 ✭✭✭delta_bravo


    Would it not just fall into the "invitation to treat" category anyway?


  • #3
    ruburd
    Registered Users, Registered Users 2 Posts: 20 ✭ruburd


    delta_bravo wrote: »
    Would it not just fall into the "invitation to treat" category anyway?

    No under the hypothetical circumstances whereby the offer has been accepted money paid can the sales contract be void for mistake. I'm just confused as to which heading it would fall under unilateral or mutual mistake in these circumstances, whereby there is a mistake as to the subject matter.

    Mutual mistake covers the quality of goods like in Megaw v Molloy but whereby whats being sold is clear to the seller but he makes a mistake in ad thus the buyer is mistaken is this unilateral mistake ?
    It seems like the different way in which I try to form an explanation to myself points to the different headings... ..


  • #4
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    You'd need to give more detail in relation to the nature of the mistake made. You say in your OP that it's mistaken identity. More information is needed as to the processes of the transaction.


  • #5
    ruburd
    Registered Users, Registered Users 2 Posts: 20 ✭ruburd


    hullaballoo wrote: »
    You'd need to give more detail in relation to the nature of the mistake made. You say in your OP that it's mistaken identity. More information is needed as to the processes of the transaction.

    When I mentioned mistaken identity I was more referring to the usual circumstances in the cases relating to unilateral mistakes..

    Basic e.g. of my confusion of which rule would be applicable in the following circumstance:

    The ad published outlines a bat was for sale but the seller was referring to a baseball bat, when the person accepted to buy the bat he thought it was an animal and then paid the money etc. Thus buyer is disappointed when he receives a baseball bat rather than an animal bat...
    A mistake has occurred, but is this mutual mistake or unilateral mistake.

    MUTUAL: both mistaken about whats for sale
    Or
    UNILATERAL: only the buyer was mistaken because the seller knew what was being offered ..


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