Leonard v. PepsiCo 210 F.3d 88 (2d Cir. 2000) FACTS: John Leonard saw an ad for a PepsiCo promotion program that involved saving Pepsi Points in order to obtain merchandise such as hats, jackets and other personal items. The ad showed a young man getting a Harrier Jet with Pepsi Points and then taking the jet to school. The screen blinked the number of Pepsi points for items shown and when the jet appeared, the screen blinked 7,000,000 points. Leonard saved the Pepsi Points and the cash equivalent and tried to redeem them for the jet and Pepsi refused. Leonard filed suit alleging that Pepsi’s ad was an offer which he had accepted. Pepsi said the ad was not an offer. DECISIONS BELOW: The court granted summary judgment to Pepsi. ISSUE ON APPEAL: Did Pepsi’s ad constitute an offer? DECISION: No. The ad was a joke. There were rules and instructions that went along with the ad. And, the contract would have had to have been in writing and it was not.
1. When does the court think an offer was made?
2. Why is whether the ad is funny an important issue?
3. Does the commercial satisfy the statue of frauds?
Explain. 4. Will Mr. Leonard get his Harrier jet? Why or why not?
Answer 1:
The court think an offer was made, when the something in mentioned in writing. Unless something is in writing, the court will not consider it as an offer. The offer needs to be in writing. The offer should be communicated to a person. The person then may choose accept or reject option as per his interest. It should be committed and it should have definite terms.
Answer 2:
The ad was funny an important issue because it was not fulfilling the requirements of a valid offer. The offer was not communicated properly and it does not have definite terms.
Answer 3:
Yes, the commercial satisfy the statue of frauds, because the ad was made for people to follow the purchase of Pepsi, but when someone achieved the Pepsi sale points and wants to redeem the gifts, and then Pepsi refused. Thus this is the statue of fraud. Pepsi did not behaved in the manner it shown in the ad.
Answer 4:
No, Mr. Leonard will not get his Harrier jet because the court has refused the ad as an valid offer and the based on the cancellation of valid offer, Leonard is not eligible for the Harrier jet in the redeem of his Pepsi sale points. So Pepsi will not going to give the gift of Harrier jet to Leonard on the return of his earned Pepsi points as per the advertisement made by the Pepsi for influencing people towards the Pepsi brand.
Leonard v. PepsiCo 210 F.3d 88 (2d Cir. 2000) FACTS: John Leonard saw an ad for...