Who is liable?

Question

A car company (let's say XYZ) posted an advertisement in a local newspaper. The article stated a sales price.

When trying to redeem the car for that price, XYZ informed that the newspaper had a misprint in the advertisement and it was the wrong price.

Is XYZ or the newspaper liable?

Should I be honored the printed price?

Answer 1

That would be false advertisment on the dealership's behalf.
I doubt the newspaper messed up, they just do not want to give it to you for that price.

Answer 2

It seems to me the newspaper & XYZ company would have to go back to the text provided by XYZ. If it was in error, then the car company is at fault, otherwise the newspaper. Unfortunately no, you are not due the advertised price if it was an error.

Answer 3

In most cases, an advertisement is held by the courts to be merely a solicitation for an offer, and not an actual offer under contract law. The only exception would be if the ad said something to the effect of "first come-first served." This language is necessary to make it clear who is the offeree (the first...)

When you tried to purchase the car, you were making an offer which they were able to reject, as long as the price wasn't put in the paper fraudulently to induce business.

Nobody is liable. You don't get the car at the printed price.

Answer 4

browneyedgirl623 is exactly on-point. Businesses are *very rarely* bound to general advertisements.

Contrary to what a large number of people think -- our system of jurisprudence strives to base itself on judicial efficiency and fairness, not finding loopholes and holding people responsible for mistakes.

Answer 5

No one is liable because no tort has been committed and no one has been injured or damaged. Go buy a car from someone else.

Answer 6

Neither is liable as no injury has occurred.