items in a vending machine unintentionally underpriced

[stowaway]

Hi, Can anyone help with this question?

My daughter put in 70p in a vending machine in her school to get a choc bar, the machine had obviously malfunctioned as it gave out 14 bars for the price of one, in effect charging 5p per bar. Now her school says she must pay �10.00 to them for keeping the bars the machine gave out. Can they do that? I always thought that if you were charged a lower price by mistake by a retailer or a machine then it was just too bad for them and the price accepted for the goods was legally binding. I'd appreciate any help given. Thank you.

[spk]

I certainly wouldnt pay it- its not her fault the machine malfunctioned she certainly didnt steal them. What if she had left them all in there and someone else took them? Tosh tell the school to bolt

[SaxyJag]

Tell her to keep it and not tell. It's not often she'll get something for nothing out of the school system.

[kevb0444]

Hi...the school has nothing to do with the vending machine. They are normaly owned by an external company and leased to the company/school. They are the ones who restock and collect the money from the machines. Ask the school if they actually own the machine or look for a company name on the actual machine. If they priced something wrong or the machine malfunctioned then it's not your daughters problem and they can not ask her for the money as she has not stolen anything nor done anything wrong.

[Loosehead]

Not entirely sure of this but I think If the price is marked as 5p then she can keep them otherwise she has to pay or give back the goods. Imagine a shop where widgets are marked at �10. If you take one to the counter and the assistant says That's �5 and then realises the mistake they do not have to sell them for �5. Similar situation here I think. I'm sure someone will correct me if I'm wrong.

[Brickbat]

Sorry to disappoint you but to keep the goods knowing that the machine was faulty is quite clearly THEFT. As usual, Loosehead confuses the issue - the bars were NOT priced at 5p. but the machine did not stop at giving one bar but carried on, probably until empty. This does not mean that you are entitled to keep the lot - you know you paid for one and that is all you you may legally have. Do you recall the cash dispenser that was wrongly filled with �20. notes in the �10. column - same thing. The people who queued up at midnight to get the next days "ration" ended up well and truly in court and I think got a severe penaly.

[stowaway]

Thank you everybody who replyed, after reading the answers though i'm still not sure whether i should pay the school the money they are asking for (�10) or tell them to go sing for it , after all I think they and the company that owns the machine should take some of the blame, they should have had it serviced regularly so it didn't malfunction in the first place. but thanks for all your answers.

[lady_p_gold]

Well it is a question of honesty, exactly as if a bank had made a mistake and put money in your account that was not yours. If you let her keep them it is saying that you condone it. If it was my daughter I would be wanted her to learn that you don't take things that are not yours just because they are there and someone has made a mistake, regardless of how rich the company is. However I can see that you were put in a difficult situation. Maybe you could suggest that if you pay the �10 it is given to charity by the school and that would even things up.