Bait and Switch

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

This fact does not have any bearing on whether or not the dealer must perform in accordance with the published advertisement. While this fact can play on the sympathies of the dealer it holds no bearing on whether or not the dealer must perform in accordance with the published advertisement.

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 price that was offered over the phone was a verbal contract and is legally binding. This type of contract is legally binding because the other party accepted the offer and consideration was given. For Tony to use this to just get the customer to come into the dealership is morally and legally wrong. The fact that he said “firm” says that he will give her that amount for her truck without further consideration. He did not inform Betty that the truck would need to be looked at before that price was final therefore he can not go back on the contract due to that condition.

Explain whether or not advertised specials can be taken advantage of by employees of the advertiser

Advertised specials can be taken advantage of by employees of the advertiser as long as there isn’t a clause in the special saying that they are not allowed to take advantage of it. In this case, the employee should not have been able to take advantage of the offer but there was not a clause stating that he could not. This advertisement was basically used to get the customers in the dealership so that the dealers could sell them a more expensive vehicle. It actually would have worked to the dealerships advantage that the truck from the ad had already been sold because that opened the customer up to looking at more expensive vehicles.

Explain to what...