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Pepsi Stuff Catalog
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Pepsi Stuff Catalog
JOHN D.R. LEONARD v. PEPSICO INC.
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISCTRICT OF NEW YORK
DECISION
88 F. Supp. 2d 116 (1999).
No. The court granted summary judgment in favor of PepsiCo.
Issue
FACTS (CONT.)
Was PepsiCo’s commercial an enforceable contract or offer?
REASON
Litigation of this Case Involved 2 lawsuits:
1. Declaratory Judgment action brought by PepsiCo stating that it had no obligation to furnish plaintiff with Harrier Jet.
2. Action for breach of contract was brought by Leonard in Florida State Court
- The court stated that advertisements were not contracts or offers to sell, but rather invitations to negotiate.
- The court also noted that offers made in jest were not contracts where a reasonable person could see that no serious offer was intended.
- The alleged contract was also void because it was for goods in excess of $500.00 and not in writing as required by New York Statute of Frauds.
FACTS (CONT.)
FACTS
- Leonard raised $700,008.50 from associates.
- He obtained a catalog, containing the order form, which did not include the Harriet Jet.
- He wrote “1 Harrier Jet” in the “Item” column of the order form, and “7,000,000” in the “Total Points” column and submitted the order form along with 15 original Pepsi points and a check for $700,008.50 drawn out of his attorney’s account.
- Pepsi denied Leonard’s request and returned check along with letter explaining that the Harriet Jet is not part of the Pepsi Stuff collection.
- Leonard saw Commercial advertising Pepsi Stuff.
Bibliography
John D.R Leonard v. PepsiCo Inc., 88 F. Supp. 2d 116 (1999)
[Online] Retrieved from http://0-www.lexisnexis.com.alvin.iii.com/hottopics/lnacademic/
- At the end of the commercial, there is a high school student arriving in a Harrier Jet along with a caption stating that jet was 7,000,000 Pepsi Points.
Declaratory Judgment , 2014[Online] Retrieved from
http://0-www.lexisnexis.com.alvin.iii.com/hottopics/lnacademic/