Monday, September 24, 2018

A Pound for Every Time I've Heard That

Waiting for a bus in Heckmondwike the other day, I was fascinated by a conversation between two women of mature years, who were talking in the shelter at the town's bus hub (too small to qualify for a grown-up bus station, apparently...). Anyway, these two were discussing the merits of the town's several pound shops; that retailing phenomenon of post-industrial northern towns that blots many a once proud high street. The latest, housed in yet another former bank building (as the pound shops proliferate, so the banks seem to disappear in inverse proportions) caused a divergence of opinion: while one thought it was the best yet, the other announced she'd boycotted it as it was 'illegal'. The argument in support of this finding betrayed a fascinating mix of faux outrage and mangled consumer law. The proponent said that she refused to shop there, because they were selling 'loads of stuff for more than a pound' but it's name had pound in the title, therefore it was 'illegal'. Now, I always like a well-argued legal discourse, but there were a number of problems here. First, as with the bus analogy I used when teaching Law, the title doesn't mean you can buy exactly what it says on the sign. For example, buses sometimes have words like 'Mars' or 'Tetley's tea' on the side, but you can't demand either to be taken to the Red Planet or served a refreshing cuppa - because these are adverts, or in a glorious legal formulation 'mere puffs'. These don't constitute an 'offer' that is capable of 'acceptance' in the contractual law sense. So, unfortunately, our bus shelter advocate's boycott is 'wrong in law', to use a great judicial slapdown, because there's nothing on which the phrase can be used to base a valid contract on. I felt it would have been advisable to point this out, but she then rather destroyed her own argument by pointing to her shopping trolley, which she said she'd bought from a pound shop in Bradford for fifteen quid. I think that's called 'cognitive dissonance', but was constrained from taking up the issue as my bus to Dewsbury had just arrived, and time and Dewsbury wait for no-one, whether travelling with a shopping trolley or without.

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