Leonard PC5 Brief

Leonard PC5 Brief - plus points necessary to convert into...

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Leonard v. Pepsico Issue Does Leonard have a contract with Pepsico, and did Pepsico breach that contract? Rule Contract - 1)offer 2)acceptance of offer 3)consideration to support each party's promise. Between parties who have 1) capacity to contact and must be 2) legal. 1) Offer - This is it- if you agree to these terms, we have a contract. Must be present intent to contract. 2)Terms must be definite and clear. Advertisements -advertisements for the sale of goods at specified prices are not considered to be offers. Application Leonard argues that Pepsico made him an offer to provide him a Harrier Fighter for 7,000,000 Pepsi points and the item was shown just like the rest of the items, a jack 1450 points, shirt 75 points, shades 175 point and jacket tattoo for 3,300 points. It was reasonable that the advertisement stated a jet would cost 7,000,000 points. Leonard accepted the offer by beginning to collect the points necessary to redeem the Fighter Jet. In the process Leonard argues that the magazine said additional points may be purchased for 10 cents each. Leonard sent the money
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Unformatted text preview: plus points necessary to convert into 7,000,000 points and claim the fighter jet as offered on the Pepsico advertisement. Pepsico argues that Leonard saw the jet on an advertisement and they are not considered a formation of a contract. Even if it was, when Leonard received the catalog it was clear that no Jet fighter was listed in the catalog to be offered for 7,000,000 points. Pepsico made no serious offer to Leonard to trade a fighter jet for 7,000,000 points, it was used in the advertisement was entertainment and that is the reason it was not listed in the catalog. If you convert the cost of a fighter jet and the equivalent for 7,000,000 Pepsi points it would be impossible for both parties to satisfy any terms. Conclusion No Pepsico and Leonard did not have a contract, because Pepsico offer was only made in an advertisement and that does not form a binding contract between the parties....
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This note was uploaded on 03/28/2012 for the course BLAW 280 taught by Professor Ng during the Spring '11 term at CSU Northridge.

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