BAIT AND SWITCH

Bait and Switch

Bait and Switch

Betty drove three hours in one-hundred degree heat. Explain if this detail has any bearing on whether or not the dealer must perform in accordance with the published advertisement .

No. A car dealer is not required to sell a person a car just because that person underwent some difficulty to get to the dealership. Commonly, ads are not offers but invitations for offers. Although Betty might argue that she relied to her detriment (the doctrine of detrimental reliance) on the ad, the fact that Betty underwent some hardship to make her offer to purchase the truck does not obligate the dealership to accept her offer (Barbara, 2005).

When Tony said over the phone “three thousand dollars firm,” interpret if or not he was making an offer that, if accepted, would bind the dealership in contract?

The conversation on phone 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 conversing to a man on phone and was not sure if he was Tony. The conversation over the phone is never considered as a strict deal as asserted by the law because it is dependent on several reasons. The telephone conversation could be used for the interpretation of the actual advertisement or the queries of the clients could be dealt with. Tony said “three thousand dollars firm” because he did not desire to lose a customer. Betty should have gone through the complete information about the Tony's company before making a decision for a visit (Spence, 2005).

Explain if or not advertized specials can be taken advantage of by employees of the advertiser?

Advertisements should not make unjustifiable use of the name, initials, logo and/or trademarks of another firm, company or institution neither should advertisements in any way take undue advantage of another firm, person or institution's goodwill in its name, trade name or other intellectual property, neither should advertisements take advantage of the goodwill earned by other advertising campaigns. Advertisements should not imitate the general layout, text, slogan, visual presentation, music and sound effects, etc., of any other advertisements in a way that is likely to deceive or confuse the consumer (Barbara, 2005).

Where advertisers have established distinctive advertising campaigns in one or more countries, other advertisers should not unduly imitate these campaigns in the other countries where the former may operate, ...