Editing Contracts Ayres/9th ed. Outline
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***** Did P understand it? | ***** Did P understand it? | ||
**** Restatement §26 Comment B: “Ads of goods by display, sign, newspaper, radio, TV, are not ordinarily understood or intended as offers to sell. The same is true of catalogues, price lists, and circulars, even though the terms of the suggested bargains may be stated in some detail – possible to make an offer to the general public but there must be some language of commitment” | **** Restatement §26 Comment B: “Ads of goods by display, sign, newspaper, radio, TV, are not ordinarily understood or intended as offers to sell. The same is true of catalogues, price lists, and circulars, even though the terms of the suggested bargains may be stated in some detail – possible to make an offer to the general public but there must be some language of commitment” | ||
*** | *** Lefkowitz v. Great Minneapolis Surplus Store (1957) – ad is not formal offer, unless '''clear, definite, explicit + leave nothing open to negotiation''' | ||
**** FACTS: Ad mentions specific item (fur coat of $160) for set price ($1) on first come, first serve basis. P wants to buy, even though he knows there’s “house rule” of only selling to women. | **** FACTS: Ad mentions specific item (fur coat of $160) for set price ($1) on first come, first serve basis. P wants to buy, even though he knows there’s “house rule” of only selling to women. | ||
**** HOLDING: Ads are usually not formal offers, merely invitation to offer. | **** HOLDING: Ads are usually not formal offers, merely invitation to offer. | ||
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***** Damages = difference btw normal price and advertised price. | ***** Damages = difference btw normal price and advertised price. | ||
**** Note: If advertiser does NOT want to be on the hook for an offer, then they should leave out specifics of the deal and make the advertisement as ambiguous as possible | **** Note: If advertiser does NOT want to be on the hook for an offer, then they should leave out specifics of the deal and make the advertisement as ambiguous as possible | ||
*** | *** John Leonard v. Pepsico – JOKE AD, NO LANGUAGE OF COMMITMENT TO OFFER. | ||
**** FACTS: P thought he could get a Harrier Jet from catalog due to a Pepsi commercial/promotion. Rejected. | **** FACTS: P thought he could get a Harrier Jet from catalog due to a Pepsi commercial/promotion. Rejected. | ||
**** '''Holding''': The commercial was just an ad, not an offer. Unreasonable to believe he could get a jet. Plus, Pepsi specified mode of acceptance with very specific procedure that did not work for jet. | **** '''Holding''': The commercial was just an ad, not an offer. Unreasonable to believe he could get a jet. Plus, Pepsi specified mode of acceptance with very specific procedure that did not work for jet. |