Legal Question in Business Law in California

i went to a restaurant to get food to go. when i received the bill i noticed that all of the items were more expensive than what was on the menu. when i complained i was told i needed to read the entire menu and on the last page of the menu the words "prices are subject to change without notice". is this legal? when i went to school, it was not.

Asked on 5/29/12, 4:37 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

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No. When the restaurant gives you a menu it implicitly is telling you that the listed prices are the ones you will be charged. The "subject to change" language you quote means that they don't have to tell you before increasing prices in the future. It does not mean they can conceal increases that they have already made and that they intend to charge you.

Answered on 5/29/12, 4:43 pm

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Anthony Roach Law Office of Anthony A. Roach

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At common law a price quote or list price is an offer to deal. That common law rule is altered by various statutes designed to protect consumers in California. For example, Business & Professions Code section 12024.2 provides:

(a) It is unlawful for any person, at the time of sale of a commodity, to do any of the following:

(1) Charge an amount greater than the price, or to compute an amount greater than a true extension of a price per unit, that is then advertised, posted, marked, displayed, or quoted for that commodity.

(2) Charge an amount greater than the lowest price posted on the commodity itself or on a shelf tag that corresponds to the commodity, notwithstanding any limitation of the time period for which the posted price is in effect.

Answered on 5/30/12, 8:50 am

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