Buying or not?

[gozzer]

Seeing as the silly season is well under way, I thought I'd add a little something that happened to me the other day. I was out shopping with my wife and our 16month grandson. We were in our local supermarket, and the little'un was doing his usual, charming all the female staff with chuckles, smiles, and blowing the occasional kiss to his 'favourites'. He likes to go shopping with me, and I usually let him hand over the money, or put my card into the reader to pay. While my wife wandered off to look at some clothes, I decided to buy a couple of lottery tickets. As usual I gave the fiver to my grandson, to hand over, when an assistant said that she could not sell tickets to him because he was too young to play the lottery. At first I thought she was joking, but soon realised she wasn't. I said OK, I didn't want to cause a fuss, so paid myself, but then asked for some clarification. He's 16months old, he's not financial independent, it was my money, he didn't know what the bits of paper, (either the fiver, or the lottery tickets) were, he didn't understand the concept of trade, barter, or gambling, it was just a game, and finally, she would give me the tickets not him. How did this constitute him 'playing the lottery'? "Err, it's the law" she said.

I chuckled to myself, and left thinking 'bloody jobsworth'.

 

Opinions please.

 

John.

 

[Steve Walker]

I think you have to look at what's at stake - if she's a jobsworth about it, it spoils your game. If her boss is a jobsworth about it, she's on the dole.

[gozzer]

I think you have to look at what's at stake - if she's a jobsworth about it, it spoils your game. If her boss is a jobsworth about it, she's on the dole.

 

That's why I didn't make a fuss Steve, I didn't want to get the girl into trouble.

 

The whole thing seemed silly, but it got me wondering what constitutes a purchase. If I have my hands full and tell a mate to take a tenner out of my pocket, and then I tell the shop assistant what I want, and she puts it in my bag for me, have I made the purchase, or has my mate?

 

John.

[wotnobivvy]

When my kids were under drinking age but still taller than their mum they were not allowed to get drinks off the top shelf for her

[chesters1]

Technically any child under 7 cannot enter into a contract so buying is a contract so illegal ,the salesgirl wouldnt know this ofcourse but thats the law.

In this case in supermarkets and shops theres an abundance of cases where things are sold to minors and minors are sent in by the council and trading standards to test the system out so i guess its better to refuse than get caught out .sweeties have no minimum age but you have to be 16? To buy a scratch card or lottery

 

Its also a myth shops must sell goods for the price shown ,they do not but most do ,its invitation to treat so you can haggle then make it a contract to buy (and sell) at the agreed price

 

Money isnt who has it its who pays after this invitation so it maybe your money but you mate bought it ,if your mate agrees (by handing over the tenner)its him buying it ,the money owner is secondary

 

A tenner ofcourse isnt money its an iou so its transferable debt ,when you get a mortgage no money is taken out of the vaults given to you and then given to the house seller ,a debt is created which you pay back in installments ,banks can sell debt theres no money involved ,the financial systems of the world are nothing but debt and promises with gambling on the side

 

The word 'note' is just that ,pre paper money someone signed an IOU and you got money when you presented it to them.or their bank ,a ten pound note is just the modern equivalent but you can only get the equivalent in debased metal (modern coins) not gold or silver any more unless the bank agrees to flog you a gold coin which will be definitely more expensive than the gold price of the day LOL

Edited August 23, 2016 by chesters1

[gozzer]

Technically any child under 7 cannot enter into a contract so buying is a contract so illegal ,the salesgirl wouldnt know this ofcourse but thats the law.

In this case in supermarkets and shops theres an abundance of cases where things are sold to minors and minors are sent in by the council and trading standards to test the system out so i guess its better to refuse than get caught out .

 

Its also a myth shops must sell goods for the price shown ,they do not but most do ,its invitation to treat so you can haggle then make it a contract to buy (and sell) at the agreed price

 

Money isnt who has it its who pays after this invitation so it maybe your money but you mate bought it ,if your mate agrees (by handing over the tenner)its him buying it ,the money owner is secondary

 

A tenner ofcourse isnt money its an iou so its transferable debt ,when you get a mortgage no money is taken out of the vaults given to you and then given to the house seller ,a debt is created which you pay back in installments ,banks can sell debt theres no money involved ,the financial systems of the world are nothing but debt and promises with gambling on the side

 

What contract could a 7 year old legally enter into?

 

My mate would just be acting as a passive 'agent' in the transaction. I would have supplied the money, ordered the goods, and received the goods. My mate wouldn't have even touched them.

 

It's a bit of a stretch to think that the council would send in a 16 month old 'spy' to check if they are selling illegally. He can say mummy, daddy, granddad, grandma, drink, and 'mupp', when he wants the muppet dvd on, oh, and 'narna', when he wants a banana.

 

John.

[chesters1]

To buy anything you enter into a contract ,who owns the money is secondary ,if your mate hands over your tenner he enters the contract not you ,the agreement is made by the purchaser (your mate handing over your tenner) and the seller or their representative the sales person.

A 7 year old cannot enter into any contract technically but theres no minimum age to buy sweets so that part isnt taken into consideration ,kids under 7 have and do hand over money for sweets technically its illegal for them to do so.

I am not having a go merely stating what is

 

The shopgirl has been instructed not to sell lottery or age restricted items to anyone looking under 25 (going by sainsburys) its easier to say no than get in trouble

If for instance you put a tenner in a childs hand ,lift them up over the counter so the shopkeep can get the money both you and the kid are breaking the law ,you are aiding and abetting a minor to purchase a age restricted item no different from buying a minor a can of beer etc.

Not my rules but rules all the same ,the shop girl saved you from breaking them by refusing LOL

Edited August 23, 2016 by chesters1

[gozzer]

Well, he won't be blowing kisses to that shop assistant in future!

 

John.

[Steve Walker]

What contract could a 7 year old legally enter into?

 

Any!

 

http://www.inbrief.co.uk/contract-law/contract-with-minors/

 

Children of seven and over can enter contracts which are legally binding on one side - however, the child can void the contract without reason, with certain exceptions.

 

There was a period when supermarkets were refusing to sell alcohol to people who had children with them, though that seems to have gone away now.

[chesters1]

You missed a bit or i misread it

 

"The general position when contracting with a minor

 

In order to form a legally binding contract the general elements of a contract must be present, for example there must have been an offer, acceptance and an intention to form a legally binding contract. Without all of these elements being in place a contract will not be legally binding.

 

If all these elements are in place a contract with be legally binding, however, the law presumes that certain people do not have the power to enter into a contract. If you have the above elements and enter into a contract with one of the following kinds of people the contract will be void:

 

Children under 7 years of age

People who are diagnosed as mentally insane

People whose judgement has been impaired by being very drunk or drugged

There is no exception in the law along the above lines for a minor meaning that a minor is free to enter into a contract with the contract being legally valid.

 

However, there is an assumption made by the law that a minor cannot fully understand the implications of a contract"