JETX said:
"Is this binding?"
*** Yes. Simply, you were put on notice of a condition and accepted it by entering the store. You could simply have decided to shop elsewhere.
My response:
I don't agree. "Notice" has nothing to do with this situation. An understanding of the law of "business invitees", "contract law" and "negligence" (e.g., foreseeability) has everything to do with this type of situation. It wouldn't matter if there was a "You Break It, You Bought It" sign.
The sale of goods is largely governed by the law of contract and requires offer and acceptance before a contract is created. The display of goods on a shelf is generally treated in law as an invitation to the public to make an offer to purchase the goods for the price displayed. The offer is made by the customer when he presents the item for payment. Acceptance occurs when payment is accepted.
It is at this point that a binding contract is created. If, before this time, the customer accidentally breaks an item, the customer may not be liable to pay for the item under the law of contract. This is because there is no contract between the customer and the store for the purchase of the item, and the breaking cannot by itself create a contract. Prior to the payment, the ownership of the item remains with the store and, therefore, the loss when it breaks is the store's loss.
As one example, you invite 30 of your friends over to your home to look at, and purchase, Amway products. During the event, one of your friends inadvertently knocks over a vase from the Ming Dynasty. Are you going to charge your friend? Perhaps the house was too crowded; or the vase was precariously displayed. As the homeowner, and because of so many people, it was "foreseeable" that damages would occur and the vase removed from harm's way.
In addition to contract law, the law of negligence must also be considered. As a business owner, it is foreseeable that a business invitee (a customer) will inadvertently break an item. Many things have to be considered before liability rests; e.g., how was the merchandise displayed; was the store crowded with merchandise, has this happened in the past, was the customer walking around like a "bull in a china shop" or was the customer only moving in a responsible manner taking into account their surroundings? It's all a matter of proof.
Besides, there's no law that says a customer has to pay "on the spot". So, in summary, let the shop owner take you to Small Claims court and PROVE there was a contract, or negligence.
IAAL
