Terry Responded to a Mail-Order Advertisement for Athletic Shoes from a Magazine

Multiple Choice

Terry responded to a mail-order advertisement for athletic shoes from a magazine. At a cursory glance the offer featured ACME sports shoes, Terry's favourite, on sale for a low price. Terry had failed to notice that the brand name was, in fact, ACNE. When he received the product Terry was infuriated. After an examination of the ad, Terry had realized the mistake but felt that ACNE's marketing tactics were suspect and is considering seeking legal advice on the issue. Which of the following is not true?

A) ACNE is responsible for a refund for Terry's purchase because its actions make them liable for passing-off.
B) ACNE is liable for nothing because it was Terry's blind negligence that placed him in the predicament.
C) ACME could sue ACNE for a violation of their company's product rights and reputation.
D) The action of passing-off as it exists in this case is a specific charge under the law of unintentional torts.
E) ACNE is responsible for a refund for Terry's purchase because its actions make them liable for passing-off and ACME could sue ACNE for a violation of their company's product rights and reputation.