Bait and Switch

Bait and Switch

Strayer University

LEG 500 Assignment 4

FAF

Professor

Law, Ethics, and Corporate Governance

December 2, 2010.

1. 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.

The fact that Betty drove over three hours to get to the dealer has no bearing on the sale. The

dealer does not need to take in consideration the difficulties people face on reaching the venue

given in the advertisement. The individuals who read the advertisement must make sure that the

advertisement meets the requirements that they are interested in. Whenever an advertisement is

published, numerous of people may contact the advertiser. If the advertiser will start taking care

of the sufferings and hardships of the people who visit the venue of advertiser, his budget will

become difficult to manage. The dealer may give some discounts to the person depending on his

personal thinking, however, it is not mandatory by law. This issue cannot even be considered as

the one which allows the customers to bargain.

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 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 talking to a man

on phone and she was not sure of who that person was. The conversation over the phone is never

considered as a strict deal according to the law because it is dependent on several reasons. In

order for a promise to qualify as a contract, it has to be supported by the exchange of something

of value between the participants or parties, called consideration.

Consideration is most often money, in exchange for property or services. The phone...