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08 Aug 12
18:38
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Date Joined:
11 Jul 07
Has anyone ever tested this rule in court? Im no expert, but it must surely be an unfair contract term. The bet theyre messing me about on is only small stakes, but it would be interesting to test the precedent in court.
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im guessing how big the palp is?
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Not big. The bet was struck at 9/4, they claim it shouldve been 8/15. Thats hardly the point. Its the actual existence of the palpable error rule. Im sure it would be laughed out of court if anyone ever took it that far.
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If i remember a shop that offers a pair of shoes at 60 pounds that should be 120 and this was a mistake by the attendant have to accept 60 pounds for the purchase, i see no reason why this would be any different.
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Not big. The bet was struck at 9/4, they claim it shouldve been 8/15.
 A tiny difference of 30% compared to 65% |
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goalhanger your wrong with that thinking.
If it was an obvious error they can stick with the correct price. Anyway the bookies rule is "you are not allowed to win" |
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BTW there is no law that covers the punter in gambling. The best there is is IBAS that if the bookie wants to be registered with them they have to follow their judgement. And IBAS or any sane person in the industry would rule that as a major palpable error
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If i remember a shop that offers a pair of shoes at 60 pounds that should be 120 and this was a mistake by the attendant have to accept 60 pounds for the purchase, i see no reason why this would be any different.
shops do sales, bookies do not. |
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Jesus some people should not be allowed to post. The Magic Flea being a prime example.
Tha Gambling Act 2005 allows redress through the courts for any gambling related issue. The UTCCR mean a term in a contract can be deemed unfair if it offers a prejudicial inbalance. A spread beter recenty took a spread firm to court and claimed his son had placed the bets that lost and the term covering this was unfair as it put an unfair liabiity on him. The court agreed and found him not liable. The law is clear on contract. The price is an invitation to treat. IF, you saw a 44" TV and it had a price tag on of £19.99 and you got to the till and was luckilly enough to have Doris on a bad day and she accepted £19.99 from you and issued a receipt, there is nothing that can be done as the cotract has been offered (The price) and accepted (The payment). HOWEVER, if you got to the till and Sharp Eyed Luke was on, you can not demand that price as it is only an invitation, it is not a contract at that point. Please, if you dont know, dont put incorrect information up. Also re Palp, I did take a book to over a palp, while they didnt show and I "Won" it can ony become case law if it is heard in a Mercantile court or above. |
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I think you yick a box that says you understand the terms rules and conditions when signing up. The palpable rule is in there where they reserve the right etc...
so doesnt that cover it |
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Anyone who thinks palp is enforceable by a bookmaker because you have ticked a box, read this
http://www.theregister.co.uk/2012/05/31/high_court_rules_against_bookmaker_in_online_betting_losses_case/ |
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http://www.ffw.com/publications/all/articles/spreadex-v-cochrane.aspx
Quite interesting how the HiGh Court judge even says expecting someone to read 49 pages of Terms and Conditions is rediculous. |