Sales and advertisements exempt from law, when.

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Effective - 28 Aug 1959

416.445. Sales and advertisements exempt from law, when. — The provisions of sections 416.415 to 416.430 do not apply to advertisements, offers to sell or sales where:

(1) The sales are made in an isolated transaction and not in the usual course of business;

(2) The merchandise is damaged;

(3) The items are sold upon the final liquidation of any business;

(4) The items are sold for charitable purposes or to unemployment relief agencies;

(5) The items are sold by an officer acting under the direction of any court;

(6) The price of the item is made in good faith to meet the equally lower price of competition, provided however, the person charged with a violation of this section further affirmatively proves the reduction in price is not made with the intent or with the effect of unfairly diverting trade from a competitor, or of otherwise injuring a competitor, or of destroying competition, or of creating a monopoly, and unless such is affirmatively shown, the court shall enter its order enjoining the violation as charged.

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(L. 1959 H.B. 255 § 8)


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