It was not a legitimate offer. A reasonable person would not consider an offer of soda points worth $700k for a $32 million military fighter jet. Thus, there can be no contract when no offer was made. Advertisers are allowed some form of “puffery” in ads without it being considered false advertising.
Yeah he got far enough even getting a settlement offer. I really don’t think the offer was that much either. Settlements are often valued based on the amount of attorney fees you’re trying to save. Can’t imagine throwing a milli on the table right off the bat. They likely embellished that. But whatever offer he got, the entitlement in him made him want more.
You're both just regurgitating shyt from the doc. Where LEGALLY does it say you can advertise something like that with no disclaimer and not be held accountable? If the judge went the other way, or a jury said so, he would have been owed a jet or 32M. That's the judge's discretion (or bias). While the offer is ludicrous and stupid, Pepsi can certainly afford to give away 32M dollars. It being ridiculous doesn't automatically make it illegal.
I’m a lawyer. I’m not regurgitating anything other than my knowledge of contract law. I also took an advertising law class. I know what I’m talking about. The judge was not biased in this decision, and if she was, the case would easily have been overturned by the Second Circuit. Except it was upheld, per curium, which means a unanimous decision by the court. I explained that this was not an “offer” therefore it cannot constitute a contract. The lawyer for the dude wanted him to take the settlement because he knew it wasn’t a winnable case. He should have done a better job of explaining how that settlement offer was the best outcome possible in this case.
No hiking buddy is worth a check for $700K, especially in the 90s, that was lot of money back then.
What case was it where there was an ad that was supposed to be a joke but ended up being considered an offer legally? I keep saying they never had a case because it literally ended in summary judgment with no depositions taken or anything. Then upheld unanimously by the Second Circuit. That’s the very definition of “didn’t have a case.”
shyt in the doc they talked about the mcdonalds coffee case where a lady won
Yeah, she got burned by hot coffee she bought from McDonald’s, a legitimate legal claim. Not a $32 million military fighter jet for $700k in soda points.
It wasn’t in the judge’s position to order a payment. This was a summary judgment motion brought by the defense basically requesting the court to dismiss the case because even assuming all the facts being true, the case should be dismissed as a matter of law. The judge isn’t ruling on how much or anything, just whether the plaintiff has a case that should be dismissed without reserving the case for a jury.
