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Bait and Switch - Research Paper Example

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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
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Bait and Switch
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Download file to see previous pages She was not expecting to take such a risk and effort then be frustrated by not getting what she had struggled for. Secondly, the advertised deal was too good and, therefore, she was quite aware that many buyers would bid for it and the first come, first served bases would be applied. Her stating of her traveling tribulations and undying effort to ensure she gets the deal, was assertive to the fact that there was no way she could imagine failing to secure the advertised pickup truck. Betty must have been aware of these advertisements and, to clear the doubt, she carried the copy of a magazine on which the advert was published. However, as the conversation goes on, she realizes that the advert was bait, and she had already been baited. She was undoubtedly in the stage of being switched to another substitute truck which was more costly. Her travel efforts, therefore, had no bearing that the dealer would be honest to the advert. In fact, it would be useful when switching Betty because the journey had costed her. The goal of bait and switch advertising is to have buyers buy substitute goods as a way of avoiding disappointment over not getting the bait (Johar, 1996). Moreover, this trick is used as a way to recover the costs expended in trying to obtain the bait (Dingell, 1996). In this case, Tony has no intention of producing the advertised pickup track but instead will produce an expensive pickup track if not a similar one with a higher price margin. 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 It would be futile to think that what Tony promised to Betty, over the phone, was what he meant. Since he was I a calculated mission of baiting his client, it means he could do anything pleasant to ensure that Betty gets into the dealership and buy a substitute truck (Johar, 1996). It seems that Tony just said it for formality and he cannot have the contract bidding for two reasons. First, Betty was not initially on her way to consummate this promise. She was rather going to buy a pickup track advertised by the dealership and whose deal was attractive. Secondly, Tony had not seen the old Ford pickup and he can prove that he never meant to buy something he had not seen. That is, probably, why Tony responded, by stating that they would have to look at it first. Considering that Betty just joked that the old Ford pickup, with its original parts all rattling is a nuisance to his journey, Tony could have also joked that he would buy it at three thousand dollars. Therefore, his offer, whether accepted or not cannot in any way bid the dealership in contract (Lee, 2000). Finally, Tony’s promise on the phone cannot be presumed binding in law and intentions. Explain whether or not advertised specials can be taken advantage of by employees of the advertiser In advertising, it is not speculative that employees of advertisers have colluded with companies to mislead and exploit consumers (Johar, 1996). For example, in this particular advertisement, the advertisement quoted in reduced print font that it was only one at that particular offer. These details were so small that interested buyers would have needed a magnifying glass or a microscope to see it. Without the collusion of the advertiser’s employees and the company, these particular details would have been made visible. Since this fact is well known, some jurisdictions, like the United States have held that using bait and switch operations may be sued in a court of law by affected customers for false advertising ...Download file to see next pagesRead More
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