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Case Brief – R. v. 279707 Alberta Ltd. - Offer and Acceptance, Writing.docx

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University of British Columbia
COMM 393
Patricia Mallia

Case Brief – R. v. 279707 Alberta Ltd.  (Visions Electronics) Offer and Acceptance, Writing Facts: - Criminal charges has been laid (“R”) - Provincial Court convicted and accused on virtually all the counts - Competitors and investigators tried to buy certain model of television during period advertised for sale at a bargain price - Sales people told would-be buyers the sets were sold out. Would-be buyers tried to get rainchecks. Some failed, others were not honoured by accused - Inventory records show they had 5 before period in question, and two fairly late in period in question - Accused appears to have been in a large way of business, and to have had two branches in Calgary alone - Advertisement clearly related to both Calgary stores and was run repeatedly - Advertisement placed in the Calgary Sun – large circulation - None, if any, had the chance to buy the TV - “Bait-and-switch” advertising – Shoppers rebuffed in attempt to buy the TV, and steered toward other more expensive sets - Failed to supply the goods advertised in reasonable quantities Issues: • Misleading advertising under s. 52 of the Competition Act • Not supplying bargain goods advertised under s. 57 of the Competition Act Reasons: 1) Is the accused using misleading advertising under s. 52 of the Competition Act? LAW: Section 52: “No person s
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