The Legal Environment of Business: Text and Cases
The Legal Environment of Business: Text and Cases
9th Edition
ISBN: 9781305764460
Author: Frank B Cross/ Roger LeRoy Miller
Publisher: CENGAGE C
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Chapter 24, Problem 1BS
Summary Introduction

Case summary : The person P received an advertisement circular in his mail from the company E announcing a line of regional cookbook. A was not interested and threw away the advertisement circular. Two days later, he received a cookbook as a free trial. A didn’t return the product, and E demanded payment for the cookbook.

To find: The liability of A to pay for the product.

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Bart Inc. developed a new medical rub called “NoPain Muscular Rub” that can be used in the event of muscular back pains. Bart Inc. via an online advertisement stated that they are willing to pay $5,000 to anyone who used their muscle rub “Nopain” for one week and still suffers from back pains thereafter. Bill who suffers from back pains, saw the online advertisement and decided to purchase “NoPain Muscular Rub”. He used it for a full week, but nevertheless still suffered from back pains. Based on the fact that the muscular rub “Nopain” did not relieve his back pains, he sued Bart Inc. for the monies that were promised. However, Bart Inc. argued that the advertisement was not an offer, but an invitation to invite offers.  They further argued that at no point in time did Bill make an offer and as such, they are not bound to pay him any monies, since the parties did not create any binding agreement. Advised Bill on his legal options stating relevant case law as well as using the IRAC…
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Jeb is a licensee who wishes to sell his own home. He isn't sure if he should include the fact that he is a license holder in his advertisements. As Jeb's broker, you tell him that: "You are not required to include that you are a license holder in your ad and you must never verbally disclose your status as a license holder." "You are required by law to include that you are a license holder in your ad." "You are not allowed to say that you are a license holder when selling your own home." "You are not required to include that you are a license holder in your ad, but I recommend that you disclose that information to potential
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