Magnum vs. Insight

Magnum vs. Insight - Ryan Vandersloot Computers and the Law...

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Ryan Vandersloot Computers and the Law 10/3/07 Magnum Marketing Consultants, Inc. v. Insight In the case of Magnum v. Insight, there are many legal issues involving contracts that we must consider. Those of which include the actual contract itself, enforceability, terms of contract, warranties, and breach. Magnum was the victim of an online advertised product from Insight, which was sold by an imposter named John Smith. First, we should define the rules of contracts and determine whether there was a legitimate offer made. A contract is a promise or a set of promises, the performance of which the law sees as a duty, which, if breached, the law will provide a remedy in the form of damages. Two parties are involved, including the offerer and the offeree. A test of the offer is whether a reasonable person in the position of the offeree believes that acceptance would create a contract. In this case, there was an offer made through the advertisement. Ad advertisement are usually just invitations for the customer to buy a product and are not offers unless it is made clear the number of goods to be sold and the specific target audience. Magnum would fit the offeree description of “marketing professionals” and there was a price and quantity specified making the ad an official offer. However according to the report, there were fifty other companies that were victims of
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This note was uploaded on 04/10/2008 for the course CPSC 180 taught by Professor Robertdunne during the Fall '06 term at Yale.

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Magnum vs. Insight - Ryan Vandersloot Computers and the Law...

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