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April 8, 2024

Why do you think the law has the doctrine that ads are not offers?

Topic: When is there an Agreement?

But I Want That Pickup Truck

A local car dealer advertised a late model full-size pickup truck which it had taken as a trade-in on a new vehicle purchase in the newspaper for $21,000.00. However, a salesman learned of a man who was seeking that particular model of truck and arranged for him to come and look at the truck the next day. In the meantime, another person, having seen the advertisement came to the dealership and offered to pay the advertised price. The salesman refused to sell the truck for $21,000.00 because he believed that the other person would pay at least $22,000.00. As explained in chapters 11 and 12, legally the dealership could do this because an advertisement is not an offer. Ads sure look like offers.

Why do you think the law has the doctrine that ads are not offers?

What arguments could you make in support of it?

Do you think this long-existing legal doctrine should be changed? Why or why not?

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