Must a company honor an advertised sale price?

[swalsh411]

And of course, that is NOT true.

And of course, you're wrong.

Google +"advertisement" +"invitation to negotiate" and you will get dozens of reliable sources to confirm this.

 

[Zigner]

And of course, you're wrong.

Google +"advertisement" +"invitation to negotiate" and you will get dozens of reliable sources to confirm this.

Excellent source there - first hit is Wikipedia

Look, you chose the wrong word(s) to use. It's as simple as that.

 

[tranquility]

While I understand and generally agree, I don't care about the number of reputable sources, it isn't precisely correct.

CAN we have an "advertisement" which *is* an offer?

We don't even need to get there in this thread as JETX provided the correct answer in his first post. We don't need to get to talking about if it were an offer as it was a unilateral mistake and they are not bound.

 

[Mass_Shyster]

CAN we have an "advertisement" which *is* an offer?

Yes, but it must be specific as to what is being offered, to whom it is offered, and under what conditions. The Carbolic Smoke Ball is the prime example of the requirements.

Rewards are usually cited as examples of advertisements that rise to the level of an offer.

 

[Mass_Shyster]

Excellent source there - first hit is Wikipedia

Look, you chose the wrong word(s) to use. It's as simple as that.

It seems Wikipedia is right this time. Federal Court judges have chosen the same words, as did the lawyers who wrote American Jurisprudence.

It's a pretty basic concept of contract law. I don't understand why some people just can't seem to understand it.

In order that an advertisement or circular letter may constitute an offer rather than an invitation to negotiate, the advertisement should set forth the terms on which the contract is to be based

AMJUR SALES § 127

 

[tranquility]

Um...it was a rhetorical question.

swalsh411 wrote:

Under common law tradition, advertisements are "invitations to negotiate" not offers to sell.

And then to JETX calling him wrong, swalsh411 wrote:

And of course, you're wrong.

Google +"advertisement" +"invitation to negotiate" and you will get dozens of reliable sources to confirm this.

In reply, to point out why it was not precisely correct I wrote:

CAN we have an "advertisement" which *is* an offer?

And, while you tell us of the classic Carbolic Smoke Ball, it's not quite on point, is it? While it is an offer, it is not an offer to sell. The retailer (Or, Carbolic) would not have to sell if someone came in and said they accept the offer and tendered money.

But we can have an advertisement be an offer to sell. Often, quantity is the definite and certain term missing from an advertisement. If we had an ad which listed something like "five at this price, first come, first served" and a person is first in line the next day to accept, the ad would be considered an offer and the acceptance (with tender of money for consideration) would create a contract and the store could not go back on the deal. (Absent mistake as was pointed out here.)

 

[Mass_Shyster]

CAN we have an "advertisement" which *is* an offer?

But we can have an advertisement be an offer to sell.

And, while you tell us of the classic Carbolic Smoke Ball, it's not quite on point, is it?

Actually, it is precisely on point to the question you originally posed, isn't is?

 

[tranquility]

Like all threads, context is important. Either we need to contextualize every post and the verbiage reaches the sky, or, we assume the reader has followed the thread. I choose the latter.

 

[Mass_Shyster]

Like all threads, context is important. Either we need to contextualize every post and the verbiage reaches the sky, or, we assume the reader has followed the thread. I choose the latter.

Since I took a lashing yesterday for a mis-spelling, and I know how to spell Carbolic, and I don't remember how to spell the name of the fur store, and both cases stand for the same premise, I chose the easier to spell.

 

[tranquility]

I don't msspell, I enhnce.