Quote:
Originally Posted by David Sklansky
"The site made the error with the payout structure, why shouldnt a player take advantage of that error? This is in no way cheating - several companies have made errors in their ad copy that have cost them vast amounts of money but they had to pay it out because they were in fault for doing so."
Could someone please explain to this person why his analogy is horribly flawed.
I was going to, but couldn't decide where to start. But I'll give it a go:
If the ad copy constitutes a (legal or moral -- the concepts usually coincide) contract, then the person taking advantage of the mistake agrees to the mistaken contract, and adheres to that. On the other hand, in the case of the mistaken payouts the contract the players have agreed to is based on a correct payouts -- the mistake was made
after the player agreed to terms.
Also, patently unreasonable terms do not in fact create a legal contract, particularly if the customer knows or should know that a mistake has been made; most would agree they don't create a moral obligation either. In the case of the pull tab collection for a Harrier, the terms were judged not to be unreasonable because of the extraordinary effort involved in collecting so many tabs in exchange for the extraordinary expense of a Harrier (which I think they couldn't award because of the weaponry, which is why they gave the cash value instead). But in the case of absurd terms, such as an obviously offset decimal point in a price, courts usually do not hold the store to the obviously erroneous terms, and most people would agree that they shouldn't. (There have been exceptions, but not all judges are reasonable.)
So in the case of a mistaken advertisement, the customer agrees to the terms as presented, and the agreement is upheld only if it was not obviously an error at the time of the agreement. In the case of the erroneous payouts, the customer agreed to a certain payout structure
when he entered the event, but the software glitch
subsequently caused an overpayment relative to the agreement. Also, the payouts awarded were obviously unreasonable, and everybody knew it at the time.
Not concise, and there's more to it, but that's what came to my mind first.