What's actually free?

Fallen Seraph

I've wondered this for a while now, and maybe someone here might help me.
When magazines and the like advertise something "free!" without having some qualifier like "when you buy x" after, how free is it actually?

For example take the edco past paper for the leaving cert, on the cover of most of them it says "free guide to better grades inside", would a shop or company have any redress if you were to demand fifty of these guides (which are bound with the rest of the papers) for free?

dermot_sheehan

Fallen Seraph wrote:

I've wondered this for a while now, and maybe someone here might help me.
When magazines and the like advertise something "free!" without having some qualifier like "when you buy x" after, how free is it actually?

For example take the edco past paper for the leaving cert, on the cover of most of them it says "free guide to better grades inside", would a shop or company have any redress if you were to demand fifty of these guides (which are bound with the rest of the papers) for free?

A gratuitious gift is not enforceable in court, in order to enforce an agreement something of value (consideration) must eminate from the person seeking to enforce.

Thirdfox

If one were to make hassle could you get them for false advertising? (The court would probably throw out your case though right? Seems like the perfect case for contemptuous damages )

besty

gabhain7 wrote:

A gratuitious gift is not enforceable in court, in order to enforce an agreement something of value (consideration) must eminate from the person seeking to enforce.

Bingo!
The example referred to in the OP would deal with the corollary contract formed by the purchase of the paper entitling the purchaser to the "gift." The Esso Petroleum case deemed world cup collector's coins upon purchase of petrol not to be goods or enforceable as the consideration was provided primarily for the petrol.

hullaballoo

Ancillary contract. Free gifts aren't covered by any law except tax law.

Ever hear the phrase "Don't look a gift horse in the mouth"?

Victor

Fallen Seraph wrote:

For example take the edco past paper for the leaving cert, on the cover of most of them it says "free guide to better grades inside", would a shop or company have any redress if you were to demand fifty of these guides (which are bound with the rest of the papers) for free?

They would appear to be only offering one - internally. You have to buy the outside to get the inside.

The was a case where an Irish supermarket charged an employee with stealing bananas. The bananas had been eaten and were therefore (for the time being) part of the accused. So when they left the premises, they were not stolen.

gabhain7 wrote:

A gratuitious gift is not enforceable in court, in order to enforce an agreement something of value (consideration) must eminate from the person seeking to enforce.

Wasn't there a case of "send three wrappers and get a ...." which was enforceable because the wrappers were the consideration. This is why many a token based offer attaches a miniscule cash value to the token, e.g. €0.00001

Thirdfox

But can you ring up the company and say you want €0.000001? (And sue them if they don't give you the nonexistant coin? )

dermot_sheehan

Victor wrote:

The was a case where an Irish supermarket charged an employee with stealing bananas. The bananas had been eaten and were therefore (for the time being) part of the accused. So when they left the premises, they were not stolen.

That was because under the larceny act 1916, there was a requirement of "asportation", that you carry off the product in question before larceny (theft) was deemed to have occured. Under the Fraud and Theft Offences Act 2001 which replaced this provision, there is only a requirment that you dishonestly "appropriate" the property in question.

Wasn't there a case of "send three wrappers and get a ...." which was enforceable because the wrappers were the consideration. This is why many a token based offer attaches a miniscule cash value to the token, e.g. €0.00001

Something of value can be miniscule in value, that's why Ryanair offers flights for 1 cent instead of free. If they were free they would be a gift from ryanair and not enforceable.

Eru

I always laugh at the promos that state "No purchase necessary"

Next time ones running, sit down and systematicaly open Coke bottles and remove the lid and/or wrapper. See what happens.

dermot_sheehan

Karlitosway1978 wrote:

I always laugh at the promos that state "No purchase necessary"

Next time ones running, sit down and systematicaly open Coke bottles and remove the lid and/or wrapper. See what happens.

That's to stop the competition being an illegal lottery. They normally have in the small print if you send of a letter to a certain address you have an equal chance of winning as someone who purchased the product.

hullaballoo

gabhain7 wrote:

That's to stop the competition being an illegal lottery. They normally have in the small print if you send of a letter to a certain address you have an equal chance of winning as someone who purchased the product.

That's interesting, I always wondered at that!

Thirdfox

Anyone actually send away for it though?

Be embarassing if they didn't actually have a procedure to deal with people sending postal entries