Contracts 8/27 Mutual Assent Izadi v. Machado (Gus) Ford, Inc., Florida District Court of Appeals, 1989 Facts : Defendant placed an advertisement in the Miami Herald. The ad, in big print, reads “Buy a new Ford & Get $3,000 minimum trade-in allowance.” In very fine print underneath, it says this applies to cars not in the advertisement. This $3,000 trade-in number is also used later in the ad in small print to refer to specific cars but also says “Any trade worth $3,000.” Plaintiff attempted to accept the alleged offer for $3,000 off any new Ford with his trade-in. Defendant refused, citing small print. Plaintiff now sues on claims of breach of contract, fraud, and misleading advertising. Procedure : Trial court dismissed claims of breach of contract, fraud, and misleading advertising. Plaintiff appealed to District Court of Appeals. Issue : Did the advertisement represent an offer? Was it misleading?
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