ADVERTISING AND COMMUNICATION LAW

Advertising and Communication Law

Advertising and Communication Law

Q 1: Betty drove three hours in 100% heat. Explain if this fact has any bearing on whether or not the dealer must perform in accordance with the published advertisement.

The conversation between Betty and Tony could not be considered as an offer that, if accepted, would bind the dealership in contract. Betty only knew that she was talking to a man on phone and was not sure if he was Tony. The conversation over the phone could not be considered as strict deal according to the law because it is dependent on several reasons. The phone conversation can be used only for the explanation of the actual advertisement. So the dealer is not bearing any obligation to perform in accordance with the published advertisement.

Q 2: When Tony said over the phone “three thousand dollars firm” explain whether or not he was making an offer that if accepted, would bind him dealership in contract.

The advertisement is accepted on the understanding that the relationship between the Advertiser and Metropolis (the Publisher) is governed by the conditions set out below. Unless specifically approved in writing by the Publisher, the conditions stipulated on an Advertiser's order form or anywhere else shall be void.

Conditions which are contained in order forms other than those of the Publisher and which do not conform to, or are in addition to the Publisher's conditions, will not be recognised as binding. Special conditions will be subject to express written agreement by the Publisher.

So when Tony said “three thousand dollars firm” he was not binded by any agreement or contract as it requires various conditions which were not followed on a casual conversation.

Q 3: Explain to what extent an advertisement binds the advertiser to the terms of advertisement.

Affirmations of fact must be true. Most car ads are opinions and so there is little liability. Post more facts for a better opinion. If you feel there has been a violation you can report it to the consumer affairs division of your state's attorney general. We need more facts. There are truth in advertising laws and state and federal laws governing unfair and deceptive acts and practices in the conduct of business. There are literally volumes and library sections filled with laws pertaining to the advertisement of goods and services. Without more facts it is difficult to tell which might apply. In most states, an advertisement is an invitation to offer and not an offer itself. Your conversation with the sales rep may get you closer to a binding deal depending on the language you two used, for example, were there exchanges of promises, or only discussions of the price they would accept. You should talk to a consumer attorney in your state, as the state's unfair trade practices act and contract law may both come into play.

Q 4: Explain whether or not advertized specials can be taken advantage of by employees of the advertiser.

Companies often disqualify their employees from special offers and specials ...