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Listen Ellen was reading her newspaper one morning and noticed an advertisement for the new Beats headphones. Loud Musik Inc. was offering the headphones at

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Listen Ellen was reading her newspaper one morning and noticed an advertisement for the new Beats headphones. Loud Musik Inc. was offering the headphones at the low price of $59.95 to the first 100 people in the store on Friday morning. Excited. because the headphones would be the perfect birthday gift for Portia, Ellen lined up outside the store Thursday night. Friday morning, Ellen was the 9th person in the store. When she got to the checkout, the sales clerk told her the price was $109.95. When Ellen explained that she was the 9th person in the store and showed the advertisement, the sales clerk laughed and said, "Oh, that. That was just a way to get you in the door. We weren't really going to sell any at that price" Ellen should have realized that the price was a mistake. No store would offer the headphones at such a low price. The store is not required to sell the headphones at $59.95 Advertisements are always considered just "invitations to treat" and not "offers" under contract law. The store is not required to sell Ellen the headphones for $59.95 Loud Musik Inc. is legally required to sell Ellen the headphones at $59.95. The advertisement would be considered an "offer" and Ellen properly accepted the offer by being one of the first 100 people in the store. There is a legally binding agreement. Clearly the advertisement was a mistake. The store can't be held to the price of $59.95, even if Ellen didn't realize it was a mistake

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