Contracts Keyed to Calamari
Leonard v. Pepsico
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Defendant ran an advertisement for a promotion in which people could obtain “Pepsi points” by drinking Pepsi and then use them to purchase items from a catalog. The back of the order form stated that a person could purchase Pepsi points for ten cents a point. The advertisement featured a Harrier Jet and said it cost 7,000,000 Pepsi points. Plaintiff filled out an order form, asked for the Harrier Jet, sent in fifteen Pepsi points and approximately $700,000.00 in a check drafted from his attorney’s trust account. Defendant sent a letter to Plaintiff saying the Harrier Jet is not part of the promotion. After some heated correspondence, between Plaintiffs attorney, Defendant and the advertising agency that produce the advertisement, Plaintiff filed suit in state court. =
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11m 57s