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A local car dealer advertised a late model full-size pickup truck which it had taken as a trade-in on a new vehicle purchase in the newspaper for $21,000.00. However, a salesman learned of a man who was seeking that particular model of truck and arranged for him to come and look at the truck the next day. In the meantime, another person, having seen the advertisement came to the dealership and offered to pay the advertised price. The salesman refused to sell the truck for $21,000.00 because he believed that the other person would pay at least $22,000.00. As explained in chapters 11 and 12, legally the dealership could do this because an advertisement is not an offer. Ads sure look like offers. Why do you think the law has the doctrine that ads are not offers

Sagot :

Answer:

In his article Is an ad an Offer? Why it's, and Why It Matters, Jay M. Feinman and Stephen R. Brill straightaway state that a billboard is a suggestion. The writers cite the instance of the Hornbook's law that contends that an ad isn't a suggestion. This law argues that "if goods are advertised purchasable at a particular price, it's not a suggestion, and no contract is made by the statement of an intending purchaser". The courts, generally, don't consider ads as offers.

Explanation:

Rather ads are a call for participation in business negotiations. This makes practical sense. Consider: if advertisements were offers, someone who saw a commercial for "Delicious Apples" could say: "I accept your offer to get delicious apples, and if they are not delicious, I'll sue!" nobody would be ready to conduct business or advertise products. Courts and students justify the rule on two principal grounds: a typical advertisement is just too general to be a suggestion and there no limitation on what percentage people may accept by trying to shop for it.  

I think this law should be changed since it misleads people and their expectations. By seeing a billboard I'm going for purchasing the merchandise whose rate was also given, the dealer says that he has already sold to somebody else who more. during this example, the salesperson just refused to sell the truck against the advertised price of $21,000 since he had the offer of $22,000 isn't only unethical but against the business norms. Either the law should be changed in this regard or there should be a stop to such misleading advertisements.

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