There is a reasonable expectation that on a used car lot the quantity of any given vehicle would be one, but selling to an employee before the lot even opens to the public constitutes a bait and switch situation. This is especially the case since Tony and Betty were having their conversation after the advertised truck was sold to the employee, and Tony made no mention of this fact to Betty even though he was have to have been aware of it. He was using that advertised truck as a means to get Betty into the dealership and sell her another truck.
4. An advertisement is not an offer, but an invitation to treat. Thus, the dealership doe not need to sell the truck to Betty as she must be the one making the offer. However, the dealership does need to advertise the truck in good faith, so it must be available to the public and the price does need to be as advertised. Thus, while Tony is not bound to sell the truck specifically to Betty until she makes an offer to buy the truck at that price, the dealership must make that truck available at that price. Betty does make Tony an offer for that specific truck from the ad, and she specifically mentions the price. As no other member of the public has made that same offer than Betty did, it is likely that the dealership would be compelled to sell the truck to Betty under those terms, or being found guilty of having executed a bait and switch.
5. To avoid a bail and switch situation, the advertisement has to be true to the extent that the specific product in question is available at the advertised price during the period of the ad. In this case, the truck was actually sold internally before the dealership would have opened, meaning that the truck in the ad was never even available to the public for sale. As such, it is reasonable to find that the truck was “bait.”
In this case, it is reasonable that there would only be one of such truck since that is the nature of used vehicle sales, but Betty should find that at some point this vehicle was made available to the public for sale at this price. That was not the case here. The advertisement does need to be for a product that exists, is available, and at the price and time stated in the ad.
Duff, V. (2011). What is bait & switch advertising? Houston Chronicle. Retrieved December 15, 2011 from http://smallbusiness.chron.com/bait-switch-advertising-10319.html
Larson, A. (2010). Contract law — an introduction. Expert Law. Retrieved December 15, 2011 from http://www.expertlaw.com/library/business/contract_law.html
No author (2011). Offer and acceptance. 4LawSchool.com. Retrieved December 15, 2011 from http://www.4lawschool.com/contracts101/offer.htm.