South Africa Case Law

Recommendation: Error in Price: Third Party (201703-0012601)

Recommendation: Error in Price: Third Party (201703-0012601) [2017] ZACGSO 7 (14 March 2017)

Court

Consumer Goods and Services Ombud

Case number

201703-0012601

Judge

N Melville

The supplier is not legally obliged to supply the gazebos at the erroneously advertised price. The advertisement constituted an invitation to treat, not a binding offer. The Consumer Protection Act provides relief for suppliers in cases of obvious and inadvertent pricing errors, provided the error is corrected and consumers are informed. The price discrepancy was so significant that a reasonable person would not have been misled. Multiple orders placed by the complainant further support the conclusion that the error was apparent. There is no basis for holding the supplier vicariously liable f…

Source excerpt

• Consumer Protection Act
• Advertised Price Error
• Invitation To Treat
• Misleading Advertising

Incorrect price advertised: price not binding (Case 2) (20121024315)

Incorrect price advertised: price not binding (Case 2) (20121024315) [2003] ZACGSO 1 (24 June 2003)

Court

Consumer Goods and Services Ombud

Case number

20121024315

Judge

N Melville

An ombud found an advertised drawer-unit price error was not clearly proven, and suggested a बिना prejudice R100 voucher for inconvenience and travel costs.

• Consumer Protection Act
• Advertised Price Error
• Displayed Price
• Misleading Advertising
• Consumer-protection
• Misleading-advertising