Gladys Posted September 3, 2023 Share Posted September 3, 2023 Isn't there a bit of law that says legal tender cannot be refused in settlement of a debt? Probably long changed by subsequent legislation, but there is also something in the back of my mind about buses not having to give you change if you can't give the correct amount. Probably both situations are partly true and partly myth. Quote Link to comment Share on other sites More sharing options...
The Voice of Reason Posted September 3, 2023 Share Posted September 3, 2023 4 minutes ago, Gladys said: Isn't there a bit of law that says legal tender cannot be refused in settlement of a debt? Probably long changed by subsequent legislation, but there is also something in the back of my mind about buses not having to give you change if you can't give the correct amount. Probably both situations are partly true and partly myth. And you can write “cheques” on eggs and the side of a cow apparently. Or that’s what I remember being told during my A level Law studies. Probably not totally correct either. 1 Quote Link to comment Share on other sites More sharing options...
La Colombe Posted September 3, 2023 Share Posted September 3, 2023 Domino's Pizza in Onchan precinct don't accept cash. I was surprised. Quote Link to comment Share on other sites More sharing options...
Harry Lamb Posted September 3, 2023 Share Posted September 3, 2023 20 minutes ago, Gladys said: Isn't there a bit of law that says legal tender cannot be refused in settlement of a debt? Probably long changed by subsequent legislation, but there is also something in the back of my mind about buses not having to give you change if you can't give the correct amount. Probably both situations are partly true and partly myth. I think 'in settlement for a debt' is key here, as opposed to making a purchase or similar transaction where no contract has been entered into? Quote Link to comment Share on other sites More sharing options...
The Voice of Reason Posted September 3, 2023 Share Posted September 3, 2023 6 minutes ago, Harry Lamb said: I think 'in settlement for a debt' is key here, as opposed to making a purchase or similar transaction where no contract has been entered into? I wouldn’t have thought so. Surely a debt arises as a result of a contract? ( I can’t immediately think of any circumstances where it wouldn’t) I contract to give you £10 and you contract with me that you will repay it. We have a contract. Quote Link to comment Share on other sites More sharing options...
Happier diner Posted September 3, 2023 Share Posted September 3, 2023 8 minutes ago, The Voice of Reason said: I wouldn’t have thought so. Surely a debt arises as a result of a contract? ( I can’t immediately think of any circumstances where it wouldn’t) I contract to give you £10 and you contract with me that you will repay it. We have a contract. If you go to the pub and ask for a pint. Then you pay before it's handed over you have neither a debt nor a contract. Quote Link to comment Share on other sites More sharing options...
Gladys Posted September 3, 2023 Share Posted September 3, 2023 35 minutes ago, Happier diner said: If you go to the pub and ask for a pint. Then you pay before it's handed over you have neither a debt nor a contract. Are you sure? You have a contract that the other party has failed to fulfill, so the debt is on their side. Quote Link to comment Share on other sites More sharing options...
Happier diner Posted September 3, 2023 Share Posted September 3, 2023 (edited) 9 minutes ago, Gladys said: Are you sure? You have a contract that the other party has failed to fulfill, so the debt is on their side. Ha Ha. AFAIK There is no contract. Neither written or deemed. Unless you drink the drink then refuse to pay. Maybe if you had a tab perhaps. Whatever, I am sure that seller can insist on whatever payment type he wants. Edited September 3, 2023 by Happier diner Quote Link to comment Share on other sites More sharing options...
CrazyDave Posted September 3, 2023 Share Posted September 3, 2023 There is absolutely no legal requirement for a business to accept cash or legal tender under any circumstances. Its entirely up to a business how they accept payment. It could be bitcoin only if they want and as a customer there is nothing you could do other than refuse to shop there. Quote Link to comment Share on other sites More sharing options...
Gladys Posted September 3, 2023 Share Posted September 3, 2023 1 hour ago, The Voice of Reason said: And you can write “cheques” on eggs and the side of a cow apparently. Or that’s what I remember being told during my A level Law studies. Probably not totally correct either. I think that is theoretically true, essentially a cheque is just an instruction to your bank that you hand to your creditor in discharge of a debt, but there is legislation covering cheques specifically. If it is written on an eggshell it isn't a cheque I suppose, but still an instruction. Will have to do some Googling. Quote Link to comment Share on other sites More sharing options...
Gladys Posted September 3, 2023 Share Posted September 3, 2023 12 minutes ago, Happier diner said: Ha Ha. AFAIK There is no contract. Neither written or deemed. Unless you drink the drink then refuse to pay. Maybe if you had a tab perhaps. Whatever, I am sure that seller can insist on whatever payment type he wants. From the mists of my memory, there is a contract where there is offer, acceptance and consideration. So, you ask for a pint (offer), pay (consideration) and if the money is taken by the barman there is acceptance and he now has to fulfill his side of the bargain. Of course, an offer can be withdrawn before acceptance, and the barman is not bound to accept your money, so no contract. Quote Link to comment Share on other sites More sharing options...
Hoops Posted September 3, 2023 Share Posted September 3, 2023 1 hour ago, Gladys said: Isn't there a bit of law that says legal tender cannot be refused in settlement of a debt? Probably long changed by subsequent legislation, but there is also something in the back of my mind about buses not having to give you change if you can't give the correct amount. Probably both situations are partly true and partly myth. Piers Corbyn says so....... Quote Link to comment Share on other sites More sharing options...
The Voice of Reason Posted September 3, 2023 Share Posted September 3, 2023 (edited) 59 minutes ago, Gladys said: From the mists of my memory, there is a contract where there is offer, acceptance and consideration. So, you ask for a pint (offer), pay (consideration) and if the money is taken by the barman there is acceptance and he now has to fulfill his side of the bargain. Of course, an offer can be withdrawn before acceptance, and the barman is not bound to accept your money, so no contract. And then there is the” invitation to treat” business. As in Boots v Pharmaceutical Society of Great Britain, if I remember correctly. Or the other way round. When you take an item up to the till you are making an offer to purchase which the retailer accepts by taking your money. Something like that anyway. Edited September 3, 2023 by The Voice of Reason Addition of last sentence para 2 1 Quote Link to comment Share on other sites More sharing options...
Gladys Posted September 3, 2023 Share Posted September 3, 2023 9 minutes ago, The Voice of Reason said: And then there is the” invitation to treat” business. As in Boots v Pharmaceutical Society of Great Britain, if I remember correctly. Or the other way round. When you take an item up to the till you are making an offer to purchase which the retailer accepts by taking your money. Something like that anyway. Yes, I had that in mind. It was the Pharmaceutical Soc suing Boots for selling self service medicines rather than through a dispensing staff member, they lost as the contract was made at the till. The display of goods with prices etc was an invitation to treat or make an offer which could be refused at the till. There was another case about a knife being on display, can't remember that one in detail, but it was the same point. Quote Link to comment Share on other sites More sharing options...
The Voice of Reason Posted September 3, 2023 Share Posted September 3, 2023 2 minutes ago, Gladys said: Yes, I had that in mind. It was the Pharmaceutical Soc suing Boots for selling self service medicines rather than through a dispensing staff member, they lost as the contract was made at the till. The display of goods with prices etc was an invitation to treat or make an offer which could be refused at the till. There was another case about a knife being on display, can't remember that one in detail, but it was the same point. Fisher v Bell I believe 1 Quote Link to comment Share on other sites More sharing options...
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