NSW Enforce the introductory advertisement?

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Jake Bright

Member
30 April 2020
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Linda has worked as a nurse for more than four decades. She is planning her retirement and is looking at some options to invest her savings to give a good return on the money she invests. One day last year, Linda was reading a business magazine while she was waiting at her doctor’s surgery. In the magazine, she read an advertisement that was selling ‘SavvyInvest’ software. The advertisement read:

SavvyInvest Software is a new and innovative computer application. It acts as your own personal stockbroker and helps any novice be a successful investor on the stock market. If you purchase SavvyInvest and trade on the stock market according to its directions for six months, we guarantee that you will make a 25% profit on your investment. If this does not happen, we will refund the purchase price and pay you $5,000.”

Linda purchased the SavvyInvest software, read the instruction manual and installed it on her computer. She signed up for online upgrades on the SavvyInvest website and used the application as directed. At the end of 6 months, however, Linda had actually lost 30% of the value of her savings she had invested using SavvyInvest. She was furious that she had lost so much money. Linda requested a refund and the $5,000 payment from the software developers but they refused. They said that they had placed an advertisement in the same magazine last month cancelling all previous offers.

Advise Linda as to whether she has a valid agreement with the developers of SavvyInvest to enforce the introductory advertisement.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
We don't do this here.
Kindly write your own assignments.