Question
Read case 11.2 Leonard v. Pepsi Co . if you have not already.The citation in the book is incorrect, it should read 88 F.Supp. 2d
Read case 11.2Leonard v. Pepsi Co. if you have not already.The citation in the book is incorrect, it should read 88 F.Supp. 2d 116 (S.D.N.Y. 1999),aff'd210 F.3d 88 (2ndCir. 2000).The book has the trial case, but it has cited the appeal.Nextread the short appellate decision
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.The ad shows a teenage boy flying a Harrier jet he had purchased with Pepsi points.The commercial said "available for 1 million points".Leonard purchased enough Pepsi points and sent in for the jet.Pepsi refused saying it was a "joke".
Leonard's payment was equivalent to $700,000.00.The Harrier jets costs the Marine Corp $23 million to make.
Watch the following videos and reply to questions below:
The original commercial
https://youtu.be/ZdackF2H7Qc
Revised commercial
https://youtu.be/Ln0VSA9UJ-w
Respond to the following
- Do you agree with the court that Leonard should have realized that the offer was "too good to be true" and that the ad was mere "puffery"?Consider the special training that military pilots must complete, would you think it was serious offer if you seen the ad?
- The number of points would require someone to actually drink 7 million Pepsis or roughly 190 a day for the next 100 years. So should it have been obvious that Pepsi would not give anyone a Harrier jet?
- Did the situation contain the elements the court usually looks for when treating an ad as an offer: a highly specific statement about what is offered and expected in return; the person doing something extraordinary to accept; and the number of people accepting limited?
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