i know for a fact i would'nt advertise samsung tv's for $99 for 3 months and on sale day pull a raincheck at 9.01 when doors open......
For a person to be found liable of contravening the s 35(1) provisions of bait advertising is dependent on the person’s knowledge during the TIME of when the advertising was directed to the consumer. The s 35(2) provisions, creates an absolute liability towards the advertiser, by obliging him or her to offer the goods and services which is ADVERTISED to be supplied.
One of the elements of the s 35 provisions is that of reasonableness, and reasonableness will be dependent on the nature of the product that is being advertised, as well as the LENGTH of the sale of the advertised product. In ascertaining reasonableness, past practices may also be taken into account.