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Mary-Jane, who is 18, saw a nice necklace advertised in her local newspaper at a very low price. Feeling very pleased with herself for spotting the advertisement, she went to the store that was selling the necklace as soon as she finished school the next day. Mary-Jane was very upset to find, when she reached the store, that the necklace was no longer being sold at the special low price. She demanded to see the manager. The manager explained that the necklace had been very popular at the special low price and, having sold a lot of the necklaces at that low price the store had now reinstated, that morning, the old price. Mary-Jane said: "you can't do that, I demand that you sell me that necklace at the special price!"   Mary-Jane argued with the manager for a while and then went home, determined to find out what the law said about all this.After studying the Reading, identify the legal issue in this situation. What is the law that applies here? How does that law apply in this situation? Based on your understanding of the law, state whether you think Mary-Jane can demand to buy the necklace at the special low price advertised in the local newspaper.

Question

Mary-Jane, who is 18, saw a nice necklace advertised in her local newspaper at a very low price. Feeling very pleased with herself for spotting the advertisement, she went to the store that was selling the necklace as soon as she finished school the next day. Mary-Jane was very upset to find, when she reached the store, that the necklace was no longer being sold at the special low price. She demanded to see the manager. The manager explained that the necklace had been very popular at the special low price and, having sold a lot of the necklaces at that low price the store had now reinstated, that morning, the old price. Mary-Jane said: "you can't do that, I demand that you sell me that necklace at the special price!"   Mary-Jane argued with the manager for a while and then went home, determined to find out what the law said about all this.After studying the Reading, identify the legal issue in this situation. What is the law that applies here? How does that law apply in this situation? Based on your understanding of the law, state whether you think Mary-Jane can demand to buy the necklace at the special low price advertised in the local newspaper.

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Solution

The legal issue in this situation is whether the store is legally obligated to sell the necklace to Mary-Jane at the advertised price, even after they have changed it. This falls under the area of contract law, specifically the concept of "invitation to treat" and "offer and acceptance".

In contract law, an advertisement is generally considered an "invitation to treat" rather than a formal offer. This means that it is an invitation for customers to make an offer to buy, which the store can then accept or reject. The advertised price is not a legally binding offer that the store must honor.

In this case, the store advertised the necklace at a low price, which was an invitation for customers to make an offer to buy at that price. When Mary-Jane went to the store to buy the necklace, she was making an offer to buy it at the advertised price. However, the store had already changed the price by that time, so they were not obligated to accept her offer.

Therefore, based on my understanding of the law, Mary-Jane cannot demand to buy the necklace at the special low price advertised in the local newspaper. The store has the right to accept or reject her offer to buy at the advertised price, and they chose to reject it when they changed the price.

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