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socrateaser
socrateaser, Attorney
Category: Business Law
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Experience:  Retired (mostly)
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I needed the assignment in a paper format you did not provide

Customer Question

I needed the assignment in a paper format you did not provide any references
Submitted: 4 years ago.
Category: Business Law
Expert:  socrateaser replied 4 years ago.

Hi,

 

I think you may not entirely understand the principle of legal citation. The answer provided has numerous legal citations associated with case law opinions of an appellate court, or a citation to a statute/law. No professor can possibly misstake the citation references that I provided.

 

As for the assignment in a "paper format," if you mean that you need the document to read like an essay, rather than to simply answer the questions, then here ya go:

 

  • Legally distinguishing an advertisement and an offer is a daunting task for any court. What one person views as merely an invitation to negotiate, another person views as being an opportunity to score a bargain. In 1999, a Seattle man took a popular soft-drink company seriously when one of its commercials made an offer of a Harrier jet, the famous high-tech jump jet used by the U.S. Marines. When the company refused to award the prize in exchange for the man's tender of consideration as described in the commercial, the man sued for breach of contract in an attempt to enforce what he believed was an enforceable contract.
  • Under common law, the four elements of a valid contract are: (1) parties capable of contracting, (2) their consent, (3) a lawful object, and (4) sufficient cause or consideration. See e.g., Cal. Civil Code §1550. Here, the TV commercial was apparently offered to the public by a company with the financial resources necessary to provide the jet, the jet was something that could actually be sold (assuming that the Harrier Corporation was willing to sell one to the soft-drink company), the soft-drink company was capable of consenting to the award suggested in the advertisement, and the man who tried to purchase the jet, actually raised the money necessary as the consideration requested in the ad. Thus, a contract could be legally formed between the parties.

    However, under he objective theory of contracts, "The fundamental goal of contractual interpretation is to give effect to the mutual intention of the parties." Powerine Oil Co., Inc. v Superior Court (2005) 37 C4th 377, 390, as evidenced by the words in their agreement. Founding Members of Newport Beach Country Club v Newport Beach Country Club, Inc. (2003) 109 CA4th 944, 956.

    In the case of this soft-drink advertisement, there was no "mutual intent," because the company created a tongue-in-cheek advertisement that no reasonable person would have believed was seriously intended to create a contract. Thus, without an objective meeting of the minds between the company and the public, there could be no contract.
  • Simply put, there was no valid agreement because: (1) the commercial did not amount to an offer of goods; (2) no objective person could reasonably have concluded that the commercial actually offered consumers a Harrier Jet; and (3) the alleged contract could not satisfy the New York statute of frauds, which requires that a contract for the sale of goods of $500 or more must be in writing. Leonard v. Pepsico, Inc., 210 F.3d 88 (2d Cir. 04/17/2000).

    An advertisement of goods or services for sale is not considered a formal offer to sell, but rather as an invitation to the reader (or listener) to make an offer or to negotiate with the advertiser, unless it leaves nothing for negotiation and invites performance of a specific act without further communication. See Donovan v RRL Corp. (2001) 26 C4th 261, 271.

    In the case of the soft drink advertisement, even though all that was necessary to accept the offer of a reward and conclude the bargain with the advertiser was to perform the specified acts to enter the contest, it is nevertheless the case, that no reasonable person could have possibly concluded that a soft drink company was offering a state of the art military jet as part of a public promotion. In sum, the advertisement was not a legitimate offer, because it was absurd.

finis



Edited by socrateaser on 8/5/2010 at 9:41 PM EST
Customer: replied 4 years ago.
I thank you very much. I just need the sites use for the references at the bottom in so that I may put it in APA format if you can. Thanks also for putting it in Essay format
Expert:  socrateaser replied 4 years ago.
You don't put legal citations in APA format. Legal citations must look exactly as I have provided them.

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