Wednesday, March 31, 2010 5:06:23 PM
> sbeelz > I intend to advertise the brand-new Mustang GT500 for $50,000, but a misprint causes it to be advertised for $5,000
Firstly, in the old days you'd have `E&OE` in small print (Errors & Omissions Excepted); nowadays you don`t need it because most courts hold that it still applies, whether printed on the article or not.
Secondly, if someone DID insist you sell at that price, you could hold the newspaper responsible for the shortfall caused by their error; even if you proofread the ad, the courts accept that You are not a professional proofreader and you missing the mistake when you looked at the ad was `acceptable ignorance`, whereas the paper has a responsibility to accurately convey the intention of your original copy.
And even if you wrote it wrong on the original copy, the law requires `reasonable intent`, so whatever you wrote, if it wasn`t your intention to sell at that price, you have an `out`.
Wednesday, March 31, 2010 9:17:24 AM
Incidentally, I saw an undercover report a few years ago where a reporter shopped at multiple Target, Walmart and Kmart stores in different parts of the US with a hidden camera. They found that Walmart systematically "forgot" to update prices of items to match advertised sale prices- while Target and Kmart only occasionally did so. All three stores would knock the price down to the one advertised when the reporter brought it to the attention of the clerk- but it happened so frequently at Walmart that one can only come to the conclusion that the "mistakes" were intentional- management counting on a duping customers who either didn't notice the bait and switch, or who are too timid to say anything. Don`t know if that`s still going on, but then again I don`t really care. I hardly ever set foot in Walmart.
Wednesday, March 31, 2010 9:17:04 AM
"An advertised price is a written contractual offer to the world at large to provide for offered price (Sale of Goods Act 1895 with 1923 Amendments [AU]). If a shop fails to honor it, they are liable to be sued for the difference in price."
I'm skeptical. Say I own a Ford dealership and I intend to advertise the brand-new Mustang GT500 for $50,000, but a misprint causes it to be advertised for $5,000. Am I now contractually bound to sell at that price, despite the fact that I`ll lose my shirt in the deal? It seems to me that you could really only successfully sue if you could demonstrate that a merchant intentionally ran ads with misleading prices.