HOW DOES YOUR ANSWER CHANGE IF SABER HAD SAID “LOOK, I HAVE SPENT TIME AND EFFORT COMING TO THIS STORE, I AM WILLING TO PAY THE DIFFERENCE BETWEEN THE PRICE ON THE SHELF AND THE ACTUAL PRICE, WHICH IS $53” AND THE ATTENDANT AGREED?

HOW DOES YOUR ANSWER CHANGE IF SABER HAD SAID “LOOK, I HAVE SPENT TIME AND EFFORT COMING TO THIS STORE, I AM WILLING TO PAY THE DIFFERENCE BETWEEN THE PRICE ON THE SHELF AND THE ACTUAL PRICE, WHICH IS $53” AND THE ATTENDANT AGREED?

Saber, a business student at CQU, walked into his local game store and saw a copy of the latest game, Marsattack: Metal Squad, with a price tag that said “$6.99”. Saber knew that the game retails for $69.99 so he quickly picked up the last remaining copy from the shelf and hurried over to the cashier. The game was scanned and the price came up as $69.99. Saber was unimpressed and took the checkout attendant to the shelf where the price clearly showed $6.99. He pointed out that the shop had made an offer to sell him the game for $6.99 and that he was officially accepting this offer, thus creating a contract. The attendant was confused and stated that this was merely a typographical error and that the game in fact cost $69.99. Saber told the attendant that if he was not sold the game for $6.99 he would bring a court action against the game store.

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Required:
(a) Solve the issue as to whether Saber would be successful in his legal action.
(b) How does your answer change if Saber had said “Look, I have spent time and effort coming to this store, I am willing to pay the difference between the price on the shelf and the actual price, which is $53” and the attendant agreed?

Case Study 2:10 Marks
Following on from case study one, Saber returned to his car. He parked his car in ‘Park Safe’, a secured parking bay near the game store. When Saber retrieved his car, he noticed that both back lights had been smashed and there were scratch marks along the paintwork and a smashed window. When Saber opened his car he found that the glovebox has been forced open and that several items were missing.

Saber reported the incident to the car park attendant. It took him 20 minutes to fill in the incident report form. During this time his car was stolen because he forgot his keys in the car. Saber was so upset when he saw the damage that he accidentally left the keys in the car. His car insurance had expired a few days prior to this incident and he had not had time to reinsure the vehicle.

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