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On March 12, 1998 Samson, who was the sales manager for JunkCo, happened to see an advertisement for Get the Point a new presentation software

On March 12, 1998 Samson, who was the sales manager for JunkCo, happened to see an advertisement for “Get the Point" a new presentation software program which generated various slides, overheads. and other media to present data in a sales environment. The ad stated the price was $19.95. Samson went to Delila's Software Emporium, the store advertising the product, and took the box of software to the counter. The clerk indicated the advertisement was in error and the actual price was $199.95. Samson became enraged at what he perceived was a "bait and switch" tactic and he threatened to sue for fraud. The Clerk, flustered, and in an effort to save the sale, told Samson he would have the right to upgrade the software to the multi-user version without cost. Ordinarily, upgrading cost $250 more. Samson paid the correct price ($199.95) and left the store. Several weeks later, Samson tried to upgrade for free and was told by Delila's the price would be $250. When Delila's refused to upgrade, Samson sued the store for failing to sell the product for $19.95 and for damages for the extra cost to purchase the upgrade at $250.

What is the likely outcome? Discuss.


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