Bait and Switch

Assignment 4 Bait and Switch

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 she had been driving for three hours in one-hundred-degrees hot weather does not compel the dealer to perform in accordance with the published advertisement. This is because she was driving in the heat to beat the deadline that was imposed by the dealer. In addition, if Betty had driven in such heat at a later hour than the appointed time, she would not be liable to any changes in the sales. The only thing that would have made the dealer to work in accordance with the advertisement was the keeping of the time scheduled for the transaction to be made. That is why after she came in time. The dealer thus had to work in accordance with the advertisement and would be sued if they failed to do so. This is the reason why she threatens to involve her lawyer for the breached contract. Although the dealer had many varieties of trucks, he was legally obligated to find another truck for Betty irrespective of color even though he was saying that the truck was one. Through the advertisement, he had however not clearly specified. This is the reason why Betty told him that he had not specified. Though the dealer proved his words by revealing the registration numbers by use of magnifying glasses, she insisted that the advert had not been specific. Such details therefore need not to be read by use of magnifying glasses. She could thus involve a lawyer. That is why Tony had to go and find the truck for her.

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

When Tony discussed the three-thousand-dollar deal over the phone; he was making an offer that could not however be bound into a contract. This fact was evident when Betty came with...