Leonard vs. Pepsico

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Leonard v. PepsiCo 210 F.3d 88 (2d Cir.2000)* In 1996 PepsiCo’ advertising campaign launched, through which consumer who collected epmty Pepsi containers could earn “Pepsi Points” that could be redeemed for bikes, jacket, cups, and other such merchandise. During this compaign, PepsiCo let the television commercial in rotation, showcasing a number of the items being offered. This argumentative ad showed a “suburban” teen preparing for school and wearing some Pepsi Stuff (sunglasses, t-shirt), as the items/stuff were depicted, numbers at the bottom of the screen revealed how many “Pepsi Points” they cost. At the end of this television commercial, this “suburban” teen landed a Harrier Jet near a bike rack at his school and the plane’s jet…show more content…
In an agreement there must be a meeting of the minds, which indicates mutual assent by both parties. There is no meeting of the minds when one side (PepsiCo) is obviously joking. Another issue, which was the case in court, is that John Leonard’s understanding of this commercial as an offer must also be rejected because the New York Court found out that no objective person (while Mr. Leonard is a subjective person) could reasonably have concluded that the commercial actually offered consumers a Harrier Jet. In a basic rule of contracts mentioned, that whether an offer has been made depends on the objective reasonableness of the alleged offeree's belief that the advertisement or solicitation was intended as an offer. Reasonable Person Standard based on common rules, and in relation to society is an objective, so according to this standard if it is clear that an offer was not serious, then no offer has been made. In this case objective reasonable standard notes only how resonable persons behave, and what their reaction. While seriousness determines whether, in our case commercial, is real and serious, and may be perceived as an offer. As it was mentioned before, PepsiCo’s commercial had no offer, and advertising are not serious. Moreover the Court found this television commercial an absurd. Any reasonable person can’t take all the actions, that take place in this television commercial, and the plot, seriously, due to the following facts: 1) Second, the

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