Bait Switch Assignment

Assignment 4 Bait and Switch

Shaniekia T. Moore

Strayer University

Dr. Jack McCaffery

LEG 500- Law, Ethnics, and Corporate Governance

September 1, 2011

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

Bait and Switch is a form of fraud, most commonly used in retail sales, but also applicable to other contents. In my opinion, I personally think that the dealer is not required to sell a person a car just because that person suffered some difficulty to get to the dealership. Normally, 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 force the dealership to accept her offer. The people who read the advertisement must also make sure that the advertisement meets the requirements that they are interested in. Whenever an advertisement is published several of people may contact the advertiser. Some dealerships may give discounts to the individual depending on his personal thinking and needs, but they must always remember that it is not required by law to do so. This issue is not an issue that allows the customers to bargain.

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

I personally think that Tony should have told Betty that the car would have to be looked at first before telling her that he would give her three thousand for the trade in of the car. I would see this as a verbal contract, as I don’t think Betty would have driven that far if she didn’t have anything to gain. I believe this is why in the video Tony, decided to agree to find Betty the car at the advertised price. He made an promise...