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Originally Posted by Challenger
Humbly dissagree. A mistake is a mistake and probably is not legally enforceable(IMO). No matter ,the owner made a bad PR mistake in not steping up and offering an acceptable alternative. Now he has a thread talking about unhappy situations rather than a pleased customer writing about a positive outcome.
challenger: Also the restaurant should have posted in a conspicuous location (i.e before customers were seated that the special was printed in error) They did not and this is a violation. The usual outcome is that customers just become frustrated or disgusted and walk away. Bait and switch laws were enacted just for this sort of thing. The problem is that the damages are so minor that people just won't push for enforcement. This is a sticking point with my wife and she always holds their feet to the fire and they always relent. We did agree concerning the damage this restaurant has committed here. I just went to the web Law.com and find the bait and switch issue under False advertising and they state bait and switch a crime in most states and subject to personal injury lawsuits
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I'm sure your citations are correct , however there needs to be intent and an error in a newspaper ad does not impart intent. That said , it was a short sighted mistake for the owner refuse some mitigation.