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- Newsgroups: misc.consumers
- Path: sparky!uunet!darwin.sura.net!mips!zaphod.mps.ohio-state.edu!pacific.mps.ohio-state.edu!linac!att!att!cbnewsl!stank
- From: stank@cbnewsl.cb.att.com (Stan Krieger)
- Subject: Re: Misprinted Ad with great prices
- Organization: Summit NJ
- Distribution: usa
- Date: Thu, 23 Jul 1992 20:34:22 GMT
- Message-ID: <1992Jul23.203422.7879@cbnewsl.cb.att.com>
- References: <1992Jul23.004620.11385@oracle.us.oracle.com>
- Lines: 32
-
- >" ANY SHOE IN STOCK $5.00, Limit 1, must present coupon,
- >Expires 10/15/92."
- >
- >Well, Neveda Bob simply put a A-4 size poster in front of their door saying
- >that this was a misprint, and they are not going to honor it.
- >
- >Please tell me if they are doing the right thing? Do I have something
- >in my hand that I can nail them? I'm not going to raise havoc but am curious.
- >Thanks.
-
- A store in NOT responsible for typographical errors. The legal issue
- though is what constitutes a typographical error. As a simple
- example, suppose in paper A, a price of $19.95 is listed and in B
- it's $199.95 (when both received the same ad copy); obviously it's
- a typo in A. But supposed both ads have it as $19.95; it gets a
- little harder to claim it's a typo, as both papers obviously got
- the same ad to place. The store will claim it was a typo made
- by their ad agency, but is that really a typo in that case?
-
- Another issue is "unjust enrichment". If the typo results in such
- a clear gain for you and loss for the merchant, it's clearly
- unenforceable.
-
- The foggiest issue is that of "typo's" in contests. That is, the
- store intended to issue a total of, say, 100 matching right halves,
- but instead all BUT 100 of the game pieces have a matching right
- half. What's the typo; they look like they're printed OK with me?
- --
- Stan Krieger All opinions, advice, or suggestions, even
- AT&T UNIX System Laboratories if related to my employment, are my own.
- Summit, NJ
- smk@usl.com
-