Hey, I am wandering if you guys can help me find the legal issues within this scenario. I know one of the issue if to do with the postal rule...
Sharon, Nicole, Louis and Simon had worked together at the discount designer clothing store ‘Maxx it!’ for the past six years and had formed a firm friendship. On each of their birthdays they had an evening out together at the local bingo hall where, in addition to getting dressed up and having a few drinks together, they excited in the anticipation of a winning some extra cash. They had often fantasised about ‘winning big’ and often discussed going on a holiday of a lifetime together with the proceeds if they ever won.
At 9am on 1 December, just before Simon’s birthday weekend, an email was circulated to all staff at Maxx it! by the company’s head office. It read:
‘Two-day Winter Sale clearance! Grab a bargain at Maxx it! All stock advertised on the weblink in this email is available for only £10 per item with immediate dispatch. PLUS – grab an additional 10% discount on all orders received before 4pm on 2 December. Simply download the 10% discount voucher and attach it to the email you send with your order. But be quick!’
Nicole, who loved fashion, selected two dresses, a jacket and a black handbag from the advertised items. She downloaded the voucher and printed off a copy to show Louis who also loved fashion but was in financial difficulties. Louis and Simon had taken the day off to play Pokemon Go, so she put the printed voucher into her pocket to show him later. She was half-way through emailing her order to head office when Sharon disturbed her with talk of how busy she was and said that she had to get some important papers in the post to head office by the last post collection at 5pm that day else she would be in grave trouble with the boss.
Nicole continued with her email order whilst chatting to Sharon but forgot to attach the discount voucher to the email. She pressed the send button and quickly shut down her computer so that she could help Sharon to get her papers in the post. As they were on the way to the post office, Nicole remembered the voucher in her pocket. ‘Oh no!’ she said out loud, ‘I forgot to attach the online voucher to my emailed order’. Instead of going back to her computer, she asked Sharon if she could put the printed voucher from her pocket in the post with Sharon’s papers so that it would get to the Maxx It! head office in time for Nicole to take advantage of the extra discount. ‘Sure’ Sharon replied, and grabbed a post-it note for Nicole to put all her details on with an explanation that the voucher was to accompany her earlier emailed order. They then raced to the post office and made it in time for the last post. Sharon’s papers reached their destination by 11am on 2 December but, when the package was opened, the post-it note had fallen off the voucher and it was later thrown in the bin by the cleaner.
At 9am the next day, Nicole received an email on her work computer from Maxx It! thanking her for her order and containing an invoice for £40 for the four items, with an option to pay by credit card online. There was no mention of the discount. She paid by card and immediately received an automated reply stating that her order would be dispatched that day. An hour later, she received another email to say that the black handbag was no longer in stock. The email went on to say that she had a choice: either £10 could be automatically re-credited to her account or she could instead order a blue handbag of the same model, with a matching purse, for only an additional £2. Thinking it was a bargain, she immediately emailed back to say she would take the blue bag and purse. However, due to the fire alarm sounding at head office, an emergency evacuation had taken place and her email was not read until 1pm when the fire service had given the all-clear. In the meantime, Nicole decided that she didn’t really need a blue handbag and telephoned head office to cancel the order at 12.05pm. While she was on the phone she also remembered the posted discount voucher and asked whether they had received it, only to be told that they knew nothing about it. When the blue bag and purse were delivered, she called the office to arrange returning it and a refund of the £10 on to her card, but they refused to do this, instead saying that she owed them £2.
Have you been tested?