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Keith Avondale is in the market for a new “big screen” flat-panel television. Wh

ID: 442043 • 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.

Who wins and why?

Explanation / Answer

Advertisment is a public announcement made which in itself is an agreement or consent by the entity intending to make such announcement.

In this case, clearly the T.V was priced at $299. and hence Transistor Town is liable to sell the TV at the same price.

Avondale will win this case.

Also Transistor Town should publish an apology for the wrong advertisement.