SmartBrief
Confirm favorite deletion?
Contracts Keyed to Ayres
John Leonard v. Pepsico, Inc.
Citation:
88 F.Supp.2d 116, aff’d, 210 F.3d 88 (2d Cir. 2000).
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
The Defendant (Pepsico) ran an ad promoting the Pepsi Stuff campaign, which allows consumers to redeem Pepsi Points earned through drinking Pepsi for merchandise. The ad shows a teenager instantly cashing in points for several items on the way to school and culminates in him arriving at school in a Harrier military jet, which the commercial showed with a price of 7,000,000 Pepsi Points. The Pepsi Stuff campaign includes a catalog, which lists the various merchandise for sale and includes the Pepsi Point prices. The prices range from 15 (for a “jacket tattoo”) to 3300 (for a “Fila Mountain Bike”). There is no Harrier jet in the catalog. The Plaintiff (Leonard) tries to purchase a Harrier jet anyway. He collects $700,008.50, enough money to directly purchase 7,000,000 Pepsi Points, and sends an order form for the Harrier jet. The Defendant denies that the Harrier is available, citing the Catalog to show that it is not listed for sale, and states that the commercial was clearly made for humor and entertainment, and that no reasonable person would believe that it was an offer.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.
Topic Resources
11m 57sTopic Outline 