Ads As Offers

Question 1

Restatement Second of Contracts § 33

Answer 1

ADVERTISEMENTS

Advertisements do not generally constitute offers due to the incompleteness of terms”

Question 2

Leonard v. Pepsico Inc

Major Topical Rule

Answer 2

“Advertisements are understood to be mere requests to consider and examine and negotiation; no one can reasonably regard them as otherwise unless the circumstances are exceptional and the words used are very plain and clear.”

Question 3

Kearney v. Equilon Enterprises LLC

Test

Answer 3

An advertisement can constitute an offer if its terms are
(1) clear,
(2) definite, and
(3) explicit,
and the offeree (4) reasonably might have concluded that acceptance would form a contract.

Question 4

Types of special ads that become contracts

Generally

Answer 4

1. Offer of a reward ex. the first person to do xx gets xx
2. Ads that are clear, definite, and explicit so that nothing is open for negotation

Question 5

Lefkowitz v. Great Minneapolis Surplus Store

Answer 5

If an advertisements is “clear, definite, and explicit and leaves nothing open for negotiation” it constitutes an offer that can be accepted.

Very similiar term requirements to Kearny

Question 6

Carlill v. Carbolic Smoke Ball Company

Answer 6

A general advertisement of an award constitutes an offer that is capable of being accepted and binding the offeror in a valid contract, provided at least contemporaneous notice and some consideration are present.

Old British Case