An advertisement appeared in the Chicago Sun-Times for the sale of a Volvo stati

Question

An advertisement appeared in the Chicago Sun-Times for the sale of a Volvo station wagon at Lee Calan Imports, Inc., for $1,095. The advertisement had been misprinted by the Sun-Times. The actual price of the automobile was $1,795. O'Keefe showed up at Lee Calan and said he would buy the Volvo for $1,095. Lee Calan refused to sell the car for $1,095. O'Keefe sued, claiming that the advertisement was an offer that he accepted, creating a binding agreement. Was O'Keefe correct? Explain. O'Keefe v. Lee Calan Imports, 262 N.E.2d 758 (IL).

Explanation / Answer

Advertisement was willingness to offer and not an agreement. More so, no consideration has been acted between the two parties. Thus no binding agreement between the two. The advertisement is always indicative and just a willingness to offer a certain product. The agreement is not binding unless there is consideration between the two parties. The agreement thus will not bind the seller to sell at misquoted price in the advertisement.

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