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BestBuy’s $9.99 HDTV Contracts

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3 Responses

  1. David McDowall says:

    What about unilateral or mutual mistake pursuant to Restatement of Contracts first and second?

  2. A.W. says:

    one thought to add to this…

    the offer was not as crazy as you might initially think. you would be stunned at the genuine offers that retail stores regularly make. for instance, when i worked at Target, i was able to get a $15 beanbag chair for less than 50 cents. ditto with a poker set normally worth around $25.

    Also despite what the company says, if you say, “if you pay us X you will get Y” that is an offer, even if they say this is not an offer. my understanding is that this wasn’t just an advertisement, but an actual order form.

    The best argument for the company is that they said that they could “correct errors” which they could try to use to stretch to say that this change in the offer is a correction of the error. but honestly if i was a judge looking at it, i wouldn’t be very sympathetic to that argument. In context it seems like it is more of a reservation of the right to change what offers are being made, but not to change the terms of the contracts being formed.

    And the fact that they said they could revoke offers, well, implies that they were offers.

    Of course all of this legal blather ignores the other real-world concern: angry customers. i would go as far as to say that the company should strongly consider honoring the deal, if only to avoid upsetting the customers.

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