Contracts Keyed to George
Harris v. Time, Inc.
Facts
Joshua Gnaizda, a three-year-old kid (plaintiff), got an envelope via the post office from Time, Inc. (Time) (defendant), offering a free calculator watch "only to open [the] envelope." Joshua's mom opened the envelope and discovered that a membership to Fortune magazine was required to get the watch. After Time declined to give the watch, Joshua's dad, a public interest attorney, filed a class-action suit alongside Mark Harris and Richard Baker (plaintiffs) against the company for breach of the agreement, unfair advertising, and promissory estoppel and fraud. Plaintiffs sought declaratory and injunctive relief and $15 million in punitive damages. The trial court allowed Time's motion for summary judgment and dismissed the complaint after observing the plaintiffs' case to be "de minimis" Plaintiffs appealed.
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