Stan read an advertisement in the newspaper that said that the jackpot for picking the six winners in the dog race on the last night of the season was $825,000. Stan went that night and correctly picked the winners. However, it turned out that the newspaper had made a mistake. The jackpot was $25,000, not $825,000. Therefore, the track owners refused to pay the latter amount. If this ad is treated like offers of reward, can Stan collect the $825,000?
What will be an ideal response?
Students' answers may vary. Yes. While the track owners did not intend the jackpot to be $825,000, its subjective intent is not material. It is what the reasonable person in the position of the party would have thought it meant. This type of advertisement should be treated like offers of rewards are treated. It is a conditional promise which, if accepted before it is revoked, creates a binding contract. While ads are usually invitations to bargain, this rule does not apply here. This is not a general ad inviting the reader to consider, examine, and negotiate. The circumstance involves an ad that is highly specific about the goods that are offered and what is requested in return. If a member of the public buys a winning ticket on six races, he has accepted the offer and the parties have a contract. It is treated as an offer as it requires the buyer to do something extraordinary to accept.
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