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Leonard v. PEPSICO
5
Transcript
The commercial referred to the catalog, which would be the true offer, but it did not include the Harrier Jet.
Legal Answers
Reason 1
There is no writing between parties sufficient to satisfy the Statute of Frauds
Legal Questions
- As a general rule - no!
- However, it can be, if directed to the general public using some language of commitment or some invitation to take action without further communication.
- To be an offer, it should be clear, definite , and explicit and leave nothing opened for negotiation.
- "offer not available in all areas. See details on specially marked packages"
The commercial is merely an advertisement, not a unilateral offer.
- Can advertisement be considered an offer?
Reason 4
Reason 2
- What is an Objective Reasonable Person Standard?
- A basic rule of contracts holds that whether an offer has been made depends on the objective reasonableness of the alleged offeree's belief that the advertisement was intended as an offer"
The tongue-in-cheek attitude of the commercial would not cause a reasonable person to conclude that a soft drink company would be giving away fighter plane as a part of a promotion
The legal Framework
- Summary Judgement
- determines whether there are issues to be tried
- moving party has a duty to show that there are not such genuine issues of material fact
- Does written contract prevails over oral?
Two law suits: NY and Florida
Reason 3
Conclusion
Facts: Advertisement
- Don't believe everything you see in advertisement!
- Promotional Campaign "Pepsi Stuff"
- Collect "Pepsi Points" and get "Pepsi Stuff"!
- Harrier Jet - 7,000,000 points
Facts: story of "not reasonable person"
- Offer?
- 15 original Pepsi Points + $700,008.50
It wasn't in catalog! Jet was just a way to make an ad more fun!
Soo...You are not getting the jet...
Leonard v. PEPSICO
By Olga Cheremoshkina & Nicole Sirignano
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