Contract Between Jimmy and Massive Freak - Case Study Example

Author’s Name Instructors’ Name Course Date The Соntrасt Bеtwееn Jimmy and Маssivе Frеаk The advent of technological innovations in the world has enhanced the way business are conducted ion a massive way. The intention of every businessperson is to ensure that more and more customers are attracted to purchase products or services offered. Further, business is doing what is possible to maintain the existing customers and entice the new ones. Therefore, businesses people have ensured that they use all media in advertise their products and make sales. Some of the recent ways of advertising is with social media platform. According to Corones (2012), this has ensured that business people can reach many potential customers at once. However, some of the conventional means of advertising has been the use of broadcasting network such as television. On the desire to make sales and profit at once, business people have found themselves involved in malpractices. Unfair business practices especially in advertising have been reported where consumers of product and services are cheated and enticed to se products based on the information they are given. The quality and performance of a product and service is highly prized by the manufacturer or producer only for the consumer to find that it is the correct information. On the other hand, various entities have been formed in various countries to ensure that business establishment does not engage in such malicious behavior. According to Corones (2012), many potential consumers have found themselves being culprits of the above scenario. A good example is the case provided where jimmy, a student university happens to be bright and thin at the same time. He tries top find a solution on how he can increase his weight. As he continues to think, he comes across an advertisement on the screen abut a product by the name Massive Freak” which, according to the ad, it can it is able to increase one’s weight by 20 percent after 14 days of usage. The ad continues to promise that any user of the product who does not get the results will be given $ 5000. This is in an effect to ensure that potential consumer is enticed to believe and more so buy the product. Jimmy happens to be one of the potential customers. He decided to buy the product and went to consume. However, before the end to the fourteen days, the company decided to scrap the offer and the advertisement all together. To make it worse, jimmy did to realize this since he was rarely at home to watch as he used to go out and take his product. After obeying the instructions and completing the dosage, he only gained 4kg over his original weight of 40kg thus missing the 20% as the ad said. Nevertheless, he came to know the malicious act of the company and decided follow up and now he is contemplating to sue the court though the company insisted that it did not have any contract with the victim since the ad was only for selling purposes. Based on the above case study, the following essay is about the advice to jimmy on the steps he needs to take. The essay will analyze the case study and make some inferences including the mistakes that potential consumers make in such scenario. On the other hand, the paper will also try to outline the legality of his intended action and the viability of his compensation. Finally, some recommendations will be outlined to caution other potential products or services users in future. In analyzing jimmy’s situation, it needs to be noted that many people have fallen victims of such case. In jimmy scenario, it is obvious that the urgent urge to increase his weight made him run to using the product. He was pushed by the intimidation he was getting farm school especially from the woman who told him of how thin he was. Therefore, the internal pressure to find a solution was irresistible. This is obvious from the way he went home and after turning on the television he saw an ad about a meal replacement that could solve his problem for only 14 days provided he was ready to drink there times per day without taking any other food. One of the mistakes that jimmy did was hurrying in making decision of purchasing the product and event went ahead to consume it. On the other hand, he did tale time to do his own research on if the meal replacement could really work. However, it must be agreed that the ad was convincing enough for him. The fact that the company had promised to add $5000 if the t product did hot work was a clear indication top jimmy that he finally got a solution to his problem. Despite the fact that the company claims that such techniques are used in many occasions juts for selling their product, it does not mean that it was legal top deceive a potential consumer of the product. Though jimmy never took his time to question the quality levels of the product, this does not mean that he was wrong. It is incredible that the company’s officials could argue that way. It should be noted that it is not the prerogative of the consumer to ascertain the quality of the product. The only way a customer can know if the product works is after using it. However, this could be very late for him since the product could even harm the customer or fail to work, as is the case with jimmy. Promoters of this product did several mistakes. The inmost obvious one is giving incorrect information about the product’s quality. If the quality were as they purported, then jimmy’s case would not have arisen. He did take the product as prescribed and even missed home to avoid temptations of eating food only to lose 4kg. As mentioned earlier, each most countries in the world have their own consumer laws, which are meant to protect consumers from such business malpractices. A good example is the Australian Consumer Law. According to this law, it is the overall impact of an advertisement and not only the dominant advertisement message that must be considered when one is determining if a potential consumer would be misled. If the advertisement is misleading under the consumer laws, then the company is quality and legal action can be taken against it. A good example is the TPG Internet company case, where its advertisement was seen as misleading and deceptive ion 2013 in Australia. The company was finned millions of shillings by the court after Australian Competition and Consumer Commission sue the TPG Internet Company. This is just an example of many instances where companies find themselves losing millions because of deceptive advertisement. Corones (2012) observes that companies forget that truthful advertisements are good for their businesses. This is because if a customer is well informed he will always come back for more products or services. On the contrary, if a customer is ill informed, he can influence other customers not to buy a from a given company, which means a business loses income in return. The above inference indicates that jimmy’s decision is advisable. This is because the message that was relayed by the ad was deceptive. The other aspect is that by promising customers, that the product will work and going ahead to pledge that the company will give a customer $5000 in case it fails, then this binds the company into an implied contract with the customer. According to Corones (2012), there are two kinds of contracts-the express and the implied. The former refers to a contract that involves agreement after writing down and signing between two or more parties. On the other hand, implied contract is where an agreement is not reduced to writing but is deemed to exist based on the behavior of the parties involved. Under this contract, it is assumed that the parties involved are acting under an agreement. Therefore, the advertisement itself was an implied contract that both the company and the customer entered. However, it should be noted that the most challenging reality is that jimmy will have to bring out the evidence that he took the meal replacement as was instructed. This will be critical in strengthening his case and be compensated the $ 5000 or otherwise. According to the Australian Consumer Law (ACL) a company is prohibited from making false or misleading representations on the standard, value, quality or grade of product or services ,whether the goods are new or not. It is also illegal to use bait and then switch to another form of advertising. This is what Massive Freak Drink Co did in the case of jimmy. Bait and switch advertising involves promotion of a small number of products at low prices in order to entice customers. After, the advertised products quickly run out, customers are then switched to higher-priced goods. Massive Freak Drink Co switched to the original ad even before the ‘last’ customer of that product had finished taking it. This is an offense that jimmy can comfortable sue Massive Freak Drink Co in a court of law. However, he needs to get a legal representation in order to win since his case is prosecutable under all circumstances. Finally, it is advisable that potential customer should ensure that they take time to understand the performance of product advertised in various media. This can be through carrying out research on product or services advertised. Further, consumers can join consumer protection institutions where such matters can be handled and be resented ion court of law. One can also ask his friends about the product he intends to buy especially if it is sensitive. They may have used the same product previously. The awareness of the product’s performance is vital in avoiding severe impacts of the same. In jimmy’s case, he would have remembered that if the deal is too good, then one needs to think twice. Bibliography Corones, S. G. (2012). The Australian Consumer Law. Rozelle, N.S.W., Lawbook Co. Read More