...Assignment 4: Advertising and Communication Law: Bait and Switch By Kelvin Barnes LEG 500 – Law, Ethics & Corp. Governance Professor Jamie Davis Smith Strayer University 8/16/2011 Advertising and Communication Law: Bait and Switch 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. No I don’t think it really mattered if Betty drove three hours in 100-degree heat whether or not the dealer must perform in accordance with the published advertisement. If the dealership advertised the car at a cheaper price it should not have mattered whether Betty came from around the corner or from the other side of the state. I do believe that Betty should have really done her homework before she decided to drive that far for a car. People need to understand that when stores especially car dealerships offer sales that seem too good to be true, it’s basically a trick to get people into the store to buy something more expensive. 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. Tony made the offer over the phone and I guess it would stand as a binging offer to Betty on the trade on of her truck if her never told her they would have to check the car out first before he could make her a trade in offer on her truck. Tony has made a deal site unseen...
Words: 1046 - Pages: 5
...Bait and Switch Richard Sacks Strayer University LEG 500 – Law, Ethics, and Corporate Governance Professor: Dr. Michael T. Hanners [ November 4, 2010 ] Abstract This paper explores the relationship between the advertiser and the consumer as it relates to advertising and communications law and bait and switch. The publications all agree with their definitions and uses of advertising and communications law and bait and switch. The Advertiser is required to follow the advertising and communications law. Bait advertising is created to allure a consumer to an insincere offer to purchase a product or service which the advertiser does not intend to sell or want to sell. The purpose of bait advertising is to switch a consumer from buying the advertised product or service, in order to sell that consumer another product or service that usually is a higher price or is more advantageous to the advertiser. The scenario that has been presented, demonstrates how the advertiser, the car dealership advertised a truck that possible was unavailable, that resulted in alluring the consumer, Betty, to the dealership in order to purchase that vehicle. The switch occurs when Tony, the salesperson of the advertiser, tried everything not to sell her that truck in order to sell that consumer another product or service that usually is a higher price or is more advantageous to the advertiser. This is an ideal case of Bait and Switch. Betty drove three hours in one-hundred degree heat....
Words: 1497 - Pages: 6
...LEG 500 | Bait and Switch | Law, Ethics & Corp. Governance | Bait and Switch 1. 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. Betty driving for three hours in 100 degree weather has nothing to do with whether the dealer should perform in accordance with the published advertisement or not. According to Section 87(2) of the Restatement (second) states that “an offer which the offeror should reasonably expect to induce action or forbearance of a substantial character on the part of the offeree before acceptance and which does induce such action or forbearance is binding as an option contract to the extent necessary to avoid injustice” (University of California (CSUN), 2011). The dealership cannot be held liable for any hardships that a potential customer endure before they even reach the dealership. Tony did not promise to have or sell the advertised vehicle to Betty when he spoke to her. According to the video, the only item discussed during the phone conversation was the trade-in value of Betty’s truck and no surroundings circumstances. Since there were no promises made in the phone discussion the hardship that Betty endured was done so on her own free will and therefore not Tony’s responsibility. 2. When Tony said over the phone “three thousand dollars firm,” explain whether or not he was making an offer that, if accepted...
Words: 1308 - Pages: 6
...Bait and Switch By Darryl Mitchell Professor Kenneth Pino Law, Ethics, and Corporate Governance – LEG 500 August 21, 2011 1. 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. The fact that Betty drove three hours in one-hundred degree heat has no bearing on whether or not the dealer must perform in accordance with the published advertisement. Betty chose to drive three hours based on the advertisement because she wanted the truck that was being advertised in the newspaper. According to the video, Betty contacted the dealership and spoke with a man, as she indicated, who said he would give her three thousand dollars firm for her trade in. Betty entered the dealership with the newspaper in hand that showed the advertisement for the truck priced at $11,399 and was determined to purchase the truck. Tony was determined to deter Betty from the advertised truck by describing other trucks that were available at a higher price. Tony's sales tactic is known as bait and switch advertising. According to Wikipedia, bait and switch advertising is a way to lure customers into a business by offering to sell a product or service that the advertiser does not intend or want to sell. Once the customer enters the business the salesperson tries to switch the customer from purchasing the advertised merchandise to purchasing something...
Words: 1521 - Pages: 7
...Bait and Switch PROF GREGORY SMITH LEG 500 11/30/2011 1. 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. Bait and switch is an illegal tactic in which a seller advertises a product with the intention of persuading customers to purchase a more expensive product (uslegal.com). The whole idea of bait and switch is simply to lure in customers. When the customer finds out that the item they really want is not available they will be convinced by a sales rep to get something more expensive. With Betty’s case, the dealer cannot give her another truck for the price she saw in the published advertisement simply because she drove for three hours. Advertisers do not negotiate on price based on far a customer had to drive. By law advertisement is not a contract or an offer. Advertisement is only considered misleading if it contains false statements. In the video, the sales man, Tony clearly points to Betty on the published advertisement where it states that there was only one car available for that price. In my opinion the ad did not violate the Federal Trade Commission (FTC) unfairness policy. Therefore it was Betty’s fault for not properly reading the published advertisement. 2. When Tony said over the phone “three thousand dollar firm,” explain whether or not he was making an offer that, if accepted, would bind the dealership in contract. ...
Words: 914 - Pages: 4
...Bait and Switch Strayer University Leg 500: Law Ethics and Corporate Governance December 5, 2010 Abstract This paper will cover bait and switch advertising techniques employed at Rally Motors. We will examine how consumers can seek relief via the Lanham Act and the U.S. Federal Trade Commission for false and misleading advertisements. We will discuss the unethical behavior exuded by Mr. Tony Sulka, the salesman at Rally Motors, and how he promised Ms. Betty Algur $3000.00 for her trade in, and then attempted to back out of the offer, once Ms. Algur arrived at the dealership. We study how the Dealership’s advertisements and negotiation tactics bound them to their advertisement, and should have led to a firm contract for Ms. Algur. Betty Algur a consumer from Vacaville came into Rally motors because of an advertisement in the local newspaper that stated they were selling a pickup truck for $11399.00. She spoke to the sales man Mr. Tony Sulka before coming to the dealership, and he stated that they would give her $3,000.00 for her trade in vehicle. The fact that Betty drove three hours in 100 degree weather had no bearing on whether Rally Motors should have performed in accordance with their published advertisement. The dealership cannot be held liable for how far a customer travels to do business with an organization. It was Betty’s choice to drive to Rally Motors. A car dealer is not required to sell a person a car just because that person underwent some difficulty...
Words: 1579 - Pages: 7
...Assignment 4 Law, Ethics, and Corporate Governance (LEG 500) November 23, 2011 by clicking on the link in the course shell. There is also a link that will allow you to print the script of the video. 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. The statutes responsible of regulate advertisements are the Federal Trade Commission (FTC) and the Lanham Act, and these are the ones whose can determinate the issue whether the customer has the right to claim the published advertisement since the fact that she drove many hours in uncomfortable conditions to the dealer expecting to buy the product advertised. The FTC is in charge to protect consumers from false or misleading advertising. The Lanham Act is a series of laws regulating trademark registration and protection. In this case, the fact that Betty drove three hours in one-hundred degree heat is not regulate in the FTC neither in the Lanham Act, therefore, it has no relevance to the dealer. The dealers need not to take care about the difficulties the people face on reaching the venue given in the advertisement. The people who read the advertisement must make sure that the advertisement meets the requirements that they are interested in. Whenever an advertisement is published, numerous people may contact the advertiser. If the advertiser will start taking care of the sufferings and...
Words: 2048 - Pages: 9
...Fact sheet DECLARED CLASS 2 PEST ANIMAL Feral cat ecology and control A descendant of the African wild cat (Felis silvestris lybica), the common ‘house’ cat (Felis catus) has now been domesticated for about 4000 years. Although the domestic cat has a long history of association with humans, it retains a strong hunting instinct and can easily revert to a wild (feral) state when abandoned or having strayed from a domestic situation. Semi-feral cats live around dump sites, alleys or abandoned buildings, relying on humans by scavenging rubbish scraps and sheltering in abandoned structures. The true feral cat does not rely on humans at all, obtaining its food and shelter from the natural environment. Declaration details The feral cat is declared as a Class 2 species under the Land Protection (Pest and Stock Route Management) Act 2002. Declared species represent a threat to primary industries and natural resources, and have a social impact on other human activities. Legislation describes a feral cat as one that is not fed and kept by someone. The word ‘kept’ specifically means that the cat is housed in a domestic situation. PA26 June 2012 Description and general information The feral cat differs little in appearance from its domestic counterpart; however, when in good condition, the feral cat displays increased overall muscle development, especially noticeable around the head, neck and shoulders, which gives the animal a more robust appearance. The average body weight...
Words: 2253 - Pages: 10
...Bait and Switch Casmere London Damien Brown LEG 500 May 26, 2011 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. In reality Betty driving three hours in one-hundred degrees heat for a vehicle doesn’t really have any bearing at all, for the dealer to perform in accordance with the published advertisement. We have all heard the saying “Read the fine lines”, advertising the truck didn’t guarantee Betty that she was going to get the truck, even though she drove three hours to the dealership. Car dealership and any other company that advertise product have the subjected product in bold print or visible for you to see. What they don’t do is put the clause in plain bold print so you can see them; their main purpose is to draw people in to purchasing an item. It would have been a different story if Tony talked to Betty on the phone and discussed with her that the vehicle that she was interested in would be available for her to purchase. When Betty gets to the dealership and the vehicle is sold then; only under those conditions would he have to honor what he promised Betty. 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. Tony made the mistake of telling Betty that her vehicle trade would be “three thousand dollar firm” without stipulating...
Words: 942 - Pages: 4
...Advertising and Communication Law Bait and Switch Angela C. Blackburn Maria Toy, J.D. LEG 500: Law and Ethics In The Business Environment August 21, 2010 Introduction The Bureau of Consumer Protection works to protect consumers against unfair, deceptive, or fraudulent practices in the marketplace. The Bureau has seven divisions, each with its own area of expertise: • Advertising Practices protects consumers by enforcing the nation's truth-in-advertising laws. • Consumer and Business Education plans, develops, and implements creative national campaigns to alert consumers to their rights and to explain the science of compliance to industry. • Enforcement litigates civil contempt and civil penalty actions to enforce all FTC federal court injunctions and administrative orders that address consumer protection issues, including advertising and financial practices. • Financial Practices protects consumers from deceptive and unfair practices in the financial services industry, including protecting consumers from predatory or discriminatory lending practices. • Marketing Practices leads the Commission's response to Internet, telecommunications, and direct-mail fraud; deceptive spam; fraudulent business. • Planning & Information collects, analyzes, and makes available to law enforcement consumer fraud, identity theft. • Privacy and Identity Protection safeguards consumers'...
Words: 1360 - Pages: 6
...501 Word Analogy Questions 501 Word Analogy Questions ® N E W YO R K Copyright © 2002 LearningExpress, LLC. All rights reserved under International and Pan-American Copyright Conventions. Published in the United States by LearningExpress, LLC, New York. Library of Congress Cataloging-in-Publication Data: 501 word analogy questions / LearningExpress.—1st ed. p. cm. ISBN 1-57685-422-1 1. English language—Synonyms and antonyms—Problems, exercises, etc. 2. Vocabulary—Problems, exercises, etc. I. LearningExpress (Organization) PE1591 .A24 2002 428.1'076—dc21 2002006843 Printed in the United States of America 9 8 7 6 5 4 3 2 First Edition ISBN 1-57685-422-1 For more information or to place an order, contact LearningExpress at: 55 Broadway 8th Floor New York, NY 10006 Or visit us at: www.learnatest.com The LearningExpress Skill Builder in Focus Writing Team is comprised of experts in test preparation, as well as educators and teachers who specialize in language arts and math. LearningExpress Skill Builder in Focus Writing Team Brigit Dermott Freelance Writer English Tutor, New York Cares New York, New York Sandy Gade Project Editor LearningExpress New York, New York Kerry McLean Project Editor Math Tutor Shirley, New York William Recco Middle School Math Teacher, Grade 8 Shoreham/Wading River School District Math Tutor St. James, New York Colleen Schultz Middle School Math Teacher, Grade 8 Vestal Central School District ...
Words: 17361 - Pages: 70
...Allan and Barbara Pease are the internationally renowned experts in human relations and body language, whose 20 million book sales worldwide have turned them into household names. People's body language reveals that what they say is often very different from what they think or feel. It is a scientific fact that people's gestures give away their true intentions. Every day we are confronted by hundreds of different signals that can mean anything from 'That's a great idea' to 'You must be kidding'. And we are all sending out these signals whether we realise it or not. Now, in this authoritative guide written with great humour and insight, you can learn the secrets of body language to give you more confidence and control in any situation — from negotiating a deal to finding the right partner. Discover the techniques that will show you how to interpret gestures, read the underlying thoughts and emotions — and reach the right conclusions. Front cover photo supplied courtesy of Shufunotomo Co., Ltd. 2-9 Kanda Surugadai, Chiyoda-Ku, Tokyo, Japan Allan Pease is the world's foremost expert on body language. His book Why Men Don't Listen And Women Can't Read Maps co-authored with wife Barbara, has sold over 10 million copies in 48 languages since its release. Allan travels the world lecturing on human communication, has written 8 other bestselling books and appeared in his own television series which attracted over 100 million viewers. Barbara Pease is CEO of Pease International which...
Words: 96880 - Pages: 388
...PART ONE Introducing The Contemporary Business World In the Opening Cases in Chapters 1 to 5, you will read about five situations that may seem to have little in common at first glance: Canadian megaprojects that focus on the extraction of oil and nickel, the importance of productivity for our standard of living, the unethical behaviour of some business managers, entrepreneurs starting new businesses, and the exporting of Canadian goods and services to other countries. All of these situations, and many more that are described in this text, have a common thread—they all demonstrate the key elements of business as well as the excitement and complexity of business activity. Each case tells a part of the story of our contemporary business world. Part One, Introducing the Contemporary Business World, provides a general overview of business today, including its economic roots, the environment in which it operates, the importance of entrepreneurship, the various forms of ownership of business firms, the globalization of business, and the ethical problems and opportunities facing business firms. ■ We begin in Chapter 1, Understanding the Canadian Business System, by examining the role of business in the economy of Canada and other market economies. We also present a brief history of business in Canada. Then, in Chapter 2, Understanding the Environments of Business, we examine the external environments that influence business activity. These include the economic, technological...
Words: 17533 - Pages: 71
...HOW TO GET THE TRUTH IN 5 M I NU T E S OR LESS IN ANY CONVERSATION OR SITUATION DAVID J.LIEBERMAN, PH.D. ST. MARTIN'S GRIFFIN NEW YORK ACKNOWLEDGMENTS I would like to thank Jennifer Enderlin, my editor at St. Martin's. She is an exceptional talent whose ability is matched only by her boundless passion for her work. And to those who have worked tirelessly, my warmest thanks to the publicity, marketing, advertising, and sales departments at St. Martin's for their intense efforts and commitment: Alison Lazarus, John Cunningham, Steve Kasdin, John Murphy, Jamie Brickhouse, Mike Storrings, Janet Wagner, Mark Kohut, and James Wehrle, and to the entire Broadway Sales Department for their continued efforts on behalf of this book. A special thanks to St. Martin's publisher, Sally Richardson, for her vast enthusiasm and belief in this project. A thousand thanks to David Stanford Burr, production editor, and Nancy Inglis, copy editor, for their outstanding work on the manuscript. Their hard work and diligence is evident throughout this entire book. I would like to thank my agents, Michael Larsen and Elizabeth Pomada. The success of their agency is a clear reflection of their professionalism and dedication. In an industry of giants, they stand without equals. My infinite appreciation and gratitude to Barbara and William O'Rourke, who gave me the two things every writer needs: tranquility and computer help. And my thanks to Laurie Rosin, one of the nation's...
Words: 41648 - Pages: 167
...Coastal Resources Management, Policy and Planning In Bangladesh Md. Masudur Rahman, Zubair Ahmed Chowdhury and Md. Nasir Uddin Sada Department of Fisheries Bangladesh Rahman M.M, Z.A Chowdhury and M.N.U Sada. 2003. Coastal resources management, policy and planning in Bangladesh, p. 689 - 756. In G. Silvestre, L. Garces, I. Stobutzki, M. Ahmed, R.A. Valmonte-Santos, C. Luna, L. Lachica-Aliño, P. Munro, V. Christensen and D. Pauly (eds.) Assessment, Management and Future Directions for Coastal Fisheries in Asian Countries. WorldFish Center Conference Proceeding 67, 1 120 p. Abstract This paper reviews the coastal fishery resources of Bangladesh emphasizing the coastal environment, capture fisheries and management issues relative to the sector. Bangladesh’s Exclusive Economic Zone (EEZ) covers an area of about 166 000 km2. This area has abundant natural resources such as fish, shrimps, crabs and other marine products. Shrimp and fish trawling is the most important economic activity in this area. The fishery sector makes a significant contribution to the national economy in terms of foreign exchange, income generation and employment. It is very important in nutrition, especially in providing animal protein. In 1997 - 99, the marine fisheries sector contributed 22% of the total fishery production of 1 373 000 t. However, the resources are being destroyed in many ways. The fisheries resources have declined and fishers are getting poorer. The decline is partly due to estuarine...
Words: 38220 - Pages: 153
