Keith Avondale is in the market for a new “big screen” flat-panel television. Wh
ID: 386081 • Letter: K
Question
Keith Avondale is in the market for a new “big screen” flat-panel television. While reviewing the Sunday newspaper, he notices a full-page advertisement from “Transistor Town.” The advertisement includes a 45-inch flat-panel television for $299. Surprised by the remarkably low price, and eager to purchase his new luxury item, Avondale makes plans to “open the store” on Monday morning.
Avondale is the first customer to arrive at the store on Monday, waiting outside when the front doors open. He rushes into the store and announces to the first sales representative he sees, “I will take a 45-inch flat-panel television for $299!”
The sales representative immediately refers Avondale to the store manager, who directs Avondale to his office. The store manager explains to Avondale that the advertisement was an unfortunate mistake, resulting from miscommunication between Transistor Town and the newspaper publisher. The manager goes on to say that the intended advertise price was $2,999, but that he would be willing to sell the described television to Avondale for $2,449, Transistor Town’s cost for the television. Avondale objects, demands that Transistor Town sell the television for $299, and informs the store manager that his brother is a trial lawyer. He threatens to sue for breach of contract.
Make the strongest argument possible for Avondale, and the strongest argument possible for Transistor Town.
Explanation / Answer
Make the strongest argument possible for Avondale, and the strongest argument possible for Transistor Town.
Argument of Avondale:
According to Avondale, the present situation comes under breach of contract. Avondale can file a case for breach of contract. A contract is an agreement which is enforceable legally in the Court. It involves a set of mutually made promises. The advertisement given by theTransistor Town failed to keep up the promise and is a breach of the contract. As per the business ethics, advertisements should be reasonable, and fair. In the given case, the advertisement resulted into misrepresentation and fraud. This is a strong ground for a suit to be filed by Avondale under breach of contract.
Argument of Transistor Town:
Transistor Town can defend the claim put by Avondale by saying that the advertisement was a mistake. The mistake was done by the publisher of the newspaper in which the advertisement was displayed. Transistor Town can prove that it was not fraud but a typing error by taking the newspaper publisher's support and make his side stronger.
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