Ella has worked as a teacher for 45 years. Ella is about to retire and is looking at some options to invest her savings to give a good return on the money she invests.
One day, Ella was reading a business magazine while waiting for her doctor’s surgery. In the magazine, she read an advertisement selling 'InvestWizard' software. The advertisement read:
“InvestWizard Software is a new and innovative computer program. It acts as your own personal stockbroker and helps any novice be a successful investor in the stock market. If you purchase InvestWizard and trade on the stock market according to its directions for six months, we guarantee you will make a 30% profit on your investment. If this does not happen, we will refund the purchase price and pay you $10,000.00.”
Ella purchased the InvestWizard software, installed it on her computer and used it according to directions. At the end of 6 months, however, Ella had actually lost 30% of the value of her savings she had invested using InvestWizard. Ella was furious that she had lost so much money. Ella requested a refund and the $10,000 compensation from the makers of InvestWizard, but they refused and said they had placed an advertisement in the same magazine last month cancelling all previous offers. Ella wants to know if she has any legal rights.
Issue(s) (as identified by the court):
Rule(s) (as identified by the court):
Application (or reasoning adopted by the court):
Conclusion (or outcome as determined by the court):
References
