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Contracts Keyed to Knapp
Harris v. Time, Inc.
Citation:
191 Cal. App. 3d 449, 237 Cal. Rprt. 584 (Cal. 1987)Facts
Joshua Gnaizda, a three-year-old, received a direct mail advertisement from Time, Inc. The envelope had a see-through window displaying the text: “JOSHUA A. GNAIZDA, I’LL GIVE YOU THIS VERSATILE NEW CALCULATOR WATCH FREE Just for Opening this Envelope Before Feb. 15, 1985.” Below this text was a picture of the calculator watch. When Joshua’s mother opened the envelope, she discovered additional text not visible through the window that stated “AND MAILING THIS CERTIFICATE TODAY!” The enclosed certificate required purchasing a subscription to Fortune magazine to receive the free calculator watch. Joshua’s father demanded Time provide the watch without a subscription, which Time refused. Joshua, along with Mark Harris and Richard Baker who had received identical mailers, filed a $15 million class action lawsuit seeking declaratory relief, an injunction, compensatory damages, and punitive damages to fund consumer protection education.
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