Bait and Switch Advertising

Introduction

The video on advertising and communication laws is very enlightening. It expands on the functions and importance of adverts. The video also shows the importance of communication in businesses. Advertising is the presentation of services and goods in a favorable, persuading way by an identified sponsor at a certain cost. It is done through different mediums, including electronic and non-electronic (Henry, 2011). The medium used depends on the people targeted. Communication is the transmission of information from one person to another. It is vital in every aspect of life. However it is very significant in business.

1. Betty has been driving for three hours in the heat of 100 degrees. Explain if this fact has any relation to on whether or not the dealer has to perform, in accordance with published advertisement.

Betty is interested in the advertisement posted in a newspaper by tony. She wants to buy the pickup truck advertised costing eleven thousand, three hundred and ninety nine dollars. She comes from a far place which requires driving for hours. She makes a lot of efforts to arrive at the auto dealership early to get the chance to buy the track. However her efforts seem worthless when the dealer announces that the advertised truck was already sold (Cengage, 2003). The dealer is aware of the efforts Betty puts in to make sure she gets the truck. She tells him how she had driven in an old ford pick-up for many miles. The dealer even agrees that her trip was worth the truck. He was also aware of the area where Betty comes from, and the majority of population was farmers indicating poverty. Betty had made a call to the dealer before her visit to the premise, after she saw the advertisement. The dealer agreed to trade the truck for three thousand dollars. The dealer tries to convince Betty to buy another truck apart from the one advertised. However, Betty is firm on her decision, and even declares it is the waste of time to go and look for other trucks available in the premise. The long trip by Betty under such uncomfortable weather is not a fact that compels the dealer to act according to the advertisement. However, the dealer is forced to reduce the price of other truck, because Betty had made great efforts to own the truck. She had communicated to him with her interest beforehand. The dealer had also agreed on other terms of sale, when Betty called him. He therefore had no choice, but to try to fulfill his promise to Betty in another way.

2. When Tony said over the phone “3000 dollars firm,” explain if she was making an offer which would bind the agreement in contract.

After Betty saw the pick-up truck advertisement in the newspaper, she was interested and called Tony for negotiations. Tony agreed that he would let Betty trade for it at three thousand dollars with a bargain of three thousand dollars. When he allowed Betty to trade the truck at three thousand dollars, he made an offer (Cengage, 2003). This led to dragging of the agreement between him and Betty later, since she agreed on the deal. The dealer also never followed the advert terms to make such offer. After Betty confronts him over the same at his premises, Tony introduces bargaining issue and even avoids discussing the issue. He changes the subject to avoid the issue. However when Betty accepts the offer, Tony finds himself in a dilemma. He was not able to fulfill the conditions in the agreement between him and Betty. He, however, communicates well to Betty, and agrees to deduct a few thousands for any truck she buys.

3. Explain if the advertised specials could be taken advantage of the employees of the advertiser.

Advertisement is meant to reveal a product in the market, and offers on the certain items among many other functions. This aims to persuade people to buy, hence, increasing the sales (Suggett, 2011). The employees can misuse the advertisement for their own benefits. This is possible when the advertiser does not set strict regulations on the advertisement, and the public is not aware of it. They can also take advantage to make more sales by persuading clients to buy other products (SimonCotter.com, 2010). In case of the movie, the dealer takes advantage of the truck advertisement. He agrees to sell the truck to Betty at a price lower than that advertised. When Betty agrees to the offer, the dealer finds himself in a quandary, since the truck is bought earlier by another person. Betty persuades Tony that she wanted a truck similar to the advertised truck. The dealer uses the advertisement to convince Betty that only one truck of the type was available. This helps the dealer to escape from the dilemma he was in.  He also takes the chance to convince Betty to buy another truck different from the advertised one, after considering her efforts. This would increase the sales.
4.  Try to explain to what extent the advertisement binds the advertiser to the terms of advertisement.

Depending on the type of advertisement, each has its own terms and conditions. The terms should be followed during the sale of the advertised item. The terms of an advert can lead to losses, if not followed properly. The advertiser, therefore, is supposed to fulfill the terms during the transactions involving the advert.  In the bait and switch movie presenting communication and advertising laws, Tony follows the terms set on the sale of the pickup truck. He sells the truck to Jim, following the terms of the advert. Betty makes appropriate efforts to ensure she gets the track. She calls the dealer and negotiates about the price, before she came to see the truck at the premise. The dealer misuses the terms and promises to reduce the cost with three thousand dollars. This gets him into trouble after Betty agrees the terms, and he could not fulfill them. The dealer is forced to sell another truck to Betty using the same advertising terms, which could result to losses.

5.  Explain to what extent an advertisement has to be true.

Advertising of products through both electronic and non-electronic devices plays an essential role in a business. The medium used should be selected well, to ensure it targets the right people. Advertisements are performed for various reasons, including informing and persuading (SimonCotter.com, 2010). They contribute greatly to the growth of the business, as they promote the sales. They are accompanied with certain different terms which also define the type of an advert. An advertisement, therefore, has to be totally true to ensure it gets maximum gains from it. It should, therefore, fulfill the terms accompanying it. The advertisement should also allow the sale of other products apart from that advertised (Henry, 2011). It should contain clear terms to avoid possible confusion. In relation to bait and switch video on communication and advertising laws, the advertisement was true. It states that there was only one available pickup truck for sale. This is shown when Betty persuades the dealer to sell to her a similar truck. The advert also provides the right information about the location of the showroom. Betty was able to trace the place, even after a long hectic trip.

Conclusion

The questions are beneficial, as they help one to understand the video better. They are enlightening, since they help one to understand the importance of advertising. It also helps one to understand the role of communication, especially when persuading a client. The questions are arranged in a format that enhances more understanding. They are systematically arranged where the first question requires a better understanding of the video. The second one also involves a clear understanding of the video and critically comes up with answers to support his/her view. The fifth question involves a greater perception related to the video. This enables one to relate his or her understanding of the video with the general facts about advertising and communication. In general, the questions are educative and good in understanding the communication and advertising laws.

To sum up, advertisements bind the people who advertise to the terms of the advertisement. As a result, the advertisers’ behavior is a function of how and what they advertise. The bait-and-switch advertising is usually prohibited, as it involves the behavior by the advertisers who are not consistent with the advertisements. However, mistakes in advertising are treated differently. A wider policy issue that one can discuss with people has to do with underlying rationale for the bait and switch law. In the end, consumers are not forced to purchase from any retailer. Therefore, if the one advertises a good bargain, and the client is unable to make a purchase on that bargain, the client has always the ability to leave elsewhere. While this argument might be quite sustainable in regards to the frequently purchased goods, it might not hold for the infrequently purchased goods, such as automobiles, for example. In fact, if the individual significantly invests, in order to pursue the advertised special, the same as in situation shown, there is the challenge of the detrimental reliance. The legislation of bait-and-switch essentially codifies the common law with respect to the detrimental reliance. 

A car dealer cannot sell a car just because the person had some difficulties in getting to the dealership. In general, ads are not the offers, but the invitations for offers. Hence, Betty may argue that she relied on the doctrine of the detrimental reliance on the ad, and fact that she had some problems in offer to purchase the car, does not obligate this dealership to accept this offer.