On May 29, 2005, at 1:07 AM, jdy wrote:
is that fraud? has happened to me a couple times. even at the rotunda. judy
"Fraud" means that it was willfully done - ergo it would be fraud if Giant advertised one price and it actually charged a higher one on purpose.
An issue of the store computer not being updated to match the advertised price most likely would not be willful fraud. Instead, it's what we call a "mistake."
Actually, it wouldn't be fraud even if they were doing it willfully. I'm not a lawyer, but I do believe that to make a situation fraudulent, there already has to be a contract between the involved parties that was broken. Since there's no contract between you and Giant when you're looking at one of their circulars or reading the price printed on the shelf, then at worst that would be false advertising... but again, you would have to prove that it was willfully done by Giant.
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