News for hackers. Stuff that matters.
Re:The time Pepsi got sued for a $33M fighter jet by bryan0 on Sunday August 15, 2021 @01:24PM (#28190517)
> Leonard filed suit, claiming that Pepsi’s ad had constituted as a binding offer.

The article says the judge ruled it was not a binding offer for 3 reasons: 1. Advertisements are generally not considered offers in contract law. 2. The ad was obviously a joke. 3. An enforceable contract requires both parties’ signatures.

Re:The time Pepsi got sued for a $33M fighter jet by kolinko on Sunday August 15, 2021 @01:32PM (#28190575)
Fun fact ad 3 - in some countries (Poland) there is a concept in law of a public promise. If a corporation publicly promises something (a competition usually), they are obliged to act upon it, even if there were no signatures on the other side.
Re:The time Pepsi got sued for a $33M fighter jet by jimnotgym on Sunday August 15, 2021 @06:58PM (#28193338)
In England and Wales (Scotland has its own legal system) there is very famous case law that says that an offer can be made to the world at large (through an advert in this case). https://en.m.wikipedia.org/wiki/Carlill_v_Carbolic_Smoke_Bal...

Which may seem to apply, but this was an offer to add a guarantee to the terms. Whereas merely advertising a price is just an invitation for the buyer to make you an offer. Here is an almost as famous case.

https://en.m.wikipedia.org/wiki/Pharmaceutical_Society_of_GB...

I am not surprised our fellow common law jurisdictions like the US reached the same conclusion.

The case law that makes up English civil law, especially the early stuff is really fascinating stuff to me. IANAL but understanding the contact law from these cases has won me several disputes in my professional life.

Re:The time Pepsi got sued for a $33M fighter jet by garaetjjte on Sunday August 15, 2021 @03:50PM (#28191914)
"Above advertisement does not constitute offer as meant by the article 66 of Civil Code" :)
Re:The time Pepsi got sued for a $33M fighter jet by pythonaut_16 on Sunday August 15, 2021 @04:53PM (#28192443)
The legal form of "but I had my fingers crossed so it doesn't count"
Re:The time Pepsi got sued for a $33M fighter jet by ptsneves on Sunday August 15, 2021 @04:49PM (#28192408)
Written everywhere in otomoto. Lol never understood what that pesky caveat was there for.
Re:The time Pepsi got sued for a $33M fighter jet by dfxm12 on Sunday August 15, 2021 @02:28PM (#28191097)
3. An enforceable contract requires both parties’ signatures.

This really doesn't jive with what I know about contract law, so I checked the article, and it is more specific:

An enforceable contract requires both parties’ signatures: Under existing law, any contract for the sale of goods worth $500+ must be evidenced by writing; Pepsi did not sign anything.

Still, was Pepsi really selling something for more than $500? It's an exchange for Pepsi points (not cash), and even though you can buy them, are they equivalent to cash? Also, on top of that, has anyone signed anything the last time they bought a $500+ laptop, PS5 bundle, unlocked cell phone, etc.?

I know a contract has to meet all elements of a contact to actually be a contract, so the other 2 reasons are enough, but this 3rd reason seems out of place, given the situation and even what I learned in my contact law class.

Re:The time Pepsi got sued for a $33M fighter jet by lordlimecat on Sunday August 15, 2021 @07:58PM (#28193683)
The individual in question sent in 15 Pepsi points and a check for $700k.

The Pepsi points were irrelevant here. If he had spent a ton of money to make equivalent Pepsi points then maybe there would be a case here.

Re:The time Pepsi got sued for a $33M fighter jet by gamblor956 on Sunday August 15, 2021 @04:59PM (#28192494)
If the ad was a contractual offer to sell a Harrier jet, it would be generally governed by the UCC, not by basic contract law.
Re:The time Pepsi got sued for a $33M fighter jet by billytetrud on Monday August 16, 2021 @01:58PM (#28200908)
Yes, that is what I'm saying doesn't make sense. If those reasons hold up, then all of bait-and-switch advertising is legal to do - which is obviously not the case. Unless the ruling is saying that bait-and-switch advertising is only ok when its "obviously a joke". I don't really think it was that obvious in the pepsi case tho.