Assignment 4 Bait and Switch
Assignment 4 Bait and Switch
1 - Assignment 4 Bait and Switch introduction. 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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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 the truck before Tony. Consequently, Tony evaded the responsibility of accepting the truck though he was the one who made the call. When Betty told him to get the truck which she had driven to the dealer, he changed the topic so that he did not take the responsibility of taking the truck. Although Betty was prepared to give Tony the truck, he was not willing to enter into a contract with her in respect to the truck. Further, although Tony assured Betty regarding the three-thousand-dollar deal over the truck, he seemed not interested in it since he was the one that affirmed about the deal. Tony however erred when he was told to take it and instead gave an excuse that he had to inspect it first which was not what he said over the phone. He even changed the topic to move from the specific truck so that they could talk about another truck. Tony even asked irritating questions so that Betty could get away from the topic of the car. This behavior showed that Tony was not willing to enter into a contract on the specific car.
3. Explain whether or not advertised specials can be taken advantage of by employees of the advertiser
It is true that advertised specials can be taken advantage of by employees of the advertiser. This fact was evident when Jim purchased the truck which Betty had come to purchase at around six in the morning so that he (Jim) could beat any interested buyer who might have arrived early. Jim made sure that he reached the place before anybody else and took advantage of the advertiser since he knew that the specific truck was single and that it had been advertised that morning. He thus purchased it before other buyers could get the information. Further, this concept is depicted by Betty who was amazed that the truck was purchased earlier although she thought that she was the only early riser to get to the truck. When Jim knew the truck was advertised, he bought it early, taking the advantage of the advertiser. Employees of advertisers may thus take advantage of advertised specials since they are usually the first to get the information about the specials.
4. Explain to what extent an advertisement binds the advertiser to the terms of the advertisement
An advertisement binds the advertiser to the terms of the advertisement since they (advertisers) are liable to all the terms and conditions that they have written in the advertisement. This notion was evident when Betty threatened to involve her lawyer due to the breached advert when she recognized that the car that she had come to purchase had been sold to one of the advertisers workers. It compelled the advertiser to go and see if the buyer, Jim, had signed all the papers to become the legal owner of the truck. This action was to ensure that the car was resold to Betty since the advertiser was bound by the terms of the advertisement. When she took the magnifying glasses to reveal the registration number of the truck to show that it was single, Betty said that in the advertisement it was not indicated and thus one does not need glasses to see what is advertised. In the movie we are told that Tony got into a fix when he realized that Betty wanted only the truck that was on the advert for he knew he was responsible for all the terms which he had written in the advert. The dealer even takes time to persuade her to buy another model and even suggests cutting down the prices since he knew that he did not provide clear information about the number of trucks that were in his yard. The advertiser is thus forced to provide another truck of the same specifications as he had advertised. That is the reason why Betty wants to get a truck of the same amount of money as was in the advert.
5. Explain to what extent an advertisement has to be true
An advert has to be true since the people who come to purchase the advertised commodity or good are guided by the advert. This fact is seen when Betty comes with the paper that contained the advert as she comes to purchase a specific truck (Heath & Heath, 1994). Although the dealer has many trucks for displayed sale, does not want any other type of truck. She tells Tony that they are not supposed to waste time talking for she knows what she has come to purchase. Further, she informs Tony that she is going to involve her lawyer to ensure that the truck advertised is provided to her. Such events show that the information provided in adverts should be true.
Heath, R. L.; & Heath, R. (1994). Management of corporate communication: From interpersonal contacts to external affairs. London: Routledge.