Commercial Law

A TV Shop advertises its annual sale in the local press. The advertisement states that all television sets will be available at less than half price and the first customer through the doors at opening time on March 1st will also win a case of champagne.

Homer arrives at the shop the night before the sale to ensure that he is first in the queue but, unfortunately, he falls asleep before opening time and the next person in the queue enters the shop first, winning the champagne.

Homer finds a TV that he wants to purchase, however the manager refuses to give him the television at half price.

When Homer told him of the advert, the manager replied, ‘I only put the advert in to get people into my shop, none of the televisions are half price’. The manager also points to a sign at the back of the shop which advises that the shop may withdraw sale items at its discretion

Explain, using case examples and statute where appropriate, the legal implications for Homer and the way in which the law has tried to regulate exclusion clauses.

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