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

Price on Webstore (201502-0086)

Price on Webstore (201502-0086) [2015] ZACGSO 1 (11 May 2015)

Court

Consumer Goods and Services Ombud

Case number

201502-0086

Judge

Bonita Hughes

The Ombud held that an online pricing error was obvious enough that a reasonable consumer would have noticed it, so the supplier was not bound to deliver.

• Ecommerce Contracts
• Pricing Errors
• Consumer Protection Act
• Electronic Communications And Transactions Act
• Specific Performance
• Invitation To Treat

Incorrect price advertised: price not binding (Case 1) (20145261021)

Incorrect price advertised: price not binding (Case 1) (20145261021) [2014] ZACGSO 16 (2 July 2014)

Court

Consumer Goods and Services Ombud

Case number

20145261021

Judge

N Melville

The Ombud found a catalogue price error for a couch was not binding because the gap between the advertised and actual price was too large to mislead a reasonable consumer.

• Consumer Protection Act
• Bait Marketing
• Misleading Advertising
• Invitation To Treat
• Advertised Price Liability
• Consumer-protection-act

Refusal by supplier to sell at the displayed price: display price binding (20131118951)

Refusal by supplier to sell at the displayed price: display price binding (20131118951) [2014] ZACGSO 14 (1 July 2014)

Court

Consumer Goods and Services Ombud

Case number

20131118951

Judge

N Melville

The Ombud held that a supplier was bound by a displayed price once the consumer indicated acceptance, because the CPA’s error correction steps were too late.

• Displayed Price Binding
• Consumer Protection Act
• Offer And Acceptance
• Unilateral Mistake
• Invitation To Treat
• Displayed-price-binding