160 Difference
44 Karen: No, you could call them up and say you’ve received this offer and
// then//
45 Prof.: // Well // no, you’ve got to be very careful. Don’t say, “I received this
offer in the mail.”
46 Karen: I received your letter in the mail from your quote?
47 Prof.: In the context that I’ve just described, she’s just opening her mail
and gets this letter, what would you call this? You would say it’s not
an offer because why? Tracy?
48 Tracy: Is it an advertisement?
49 Prof.: It’s very likely that it is an advertisement, although I’m not so sure
[... ] I think there’s something else. In back.[calling on a student in
back who has raised her hand]
50 Carrie: Is it a solicitation?
51 Prof.: A solicitation for what, Carrie?
52 Carrie: For offers to buy the flour.
53 Prof.: Sure, sure. A solicitation for offers, which is another way of saying
[... omitted material (47 sec. total turn time)... ] It’s trying to get
you to come in and- yeah?
54 Gwen: What about, say, in computer magazines where they have like very
specific, detailed- or the camera magazines where they have a
specific full page with all the prices of every model number, and it’s
still not an offer?
55 Prof.: All right, why not? There’s actually quite a good answer to why not
[... omitted material (.30 total turn time)... ] What’s the answer to
why this is not an offer?
56 Jane: Because you only have a limited amount of items that you can sell,
and if tons of people respond to your thing saying, “I accept,” you
only have one car that you can sell. You can’t-
57 Prof.: All right, you’ve got the street-level understanding of why the ad is
not an offer. Let’s put it in terms of offer under contract law. Why is
it not an offer under contract law? And think of the reasonable
person test.
58 Nat: It’s also not addressed to anyone specific.
59 Prof.: Well, the fact that it’s not addressed to a specific person doesn’t
necessarily mean- I mean one of the things you’re bouncing this off
is the Lefkowitz case, the Minnesota store selling the stole.
60 Jessica: The reasonable person wouldn’t believe that you were conferring
power on them to accept and form a contract.
61 Prof.: That’s- that’s an excellent point. And that is the reason that ads
in general are not believed, are not construed as offers, is that no
reasonable person reading the ad, no matter how detailed-
You’re- Gwen’s looking at me and she’s saying, “Well, I would
have.”