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Breach of Contract? (advertisement)

Fresno, CA |

I bought a table piece from a store. What I didn't realize was that the ad said I would receive another piece of furniture for free if I bought something expensive enough (the table satisfied this price). Though I did not know of the ad at the time of purchase, is it a breach of contract for the store not to give me the second piece of furniture for free after I satisfied my part of the bargain? In other words, can it be a breach even though I didn't know of the deal when I made the purchase?

Attorney Answers 4


  1. Just bring it back and go through the purchase again asking for the 2d piece. OR ask them nicely instead of looking for a lawsuit?


  2. Well, it totally depends upon other facts not listed...not the least of which is the actual advertisement. Keep in mind that one of the issues that courts look at in deciding the validity of a contract is the meeting of the minds....and some level of consideration. With this caveat being stated, I would agree with my colleague in that a simple conversation with the business may produce the results that you want

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  3. I agree with Scott. This shouldn't require a lawyer.

    Just bring this to their attention. Businesses want to have return customers, and you're simply asking them to honor their advertisement.


  4. No, it is not a breach of contract as I do not believe you would be able to prove the elements of a breach of contract. That being said, go back and tell them what the company says. I bet if they are a reputable business they'll do all they can to make you happy (within reason).

    Good luck!

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