False Advertising and Express Contracts: A Legal Analysis

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What are the key legal factors in this scenario? One legal factor that I see is the Soft-drink Company guilty of false advertising. The company advertisement made an offer of Jet valued at 23 million dollars as a prize. Should Companies be able to use a misleading advertisement to increase financial interest in their Company. Another Legal factor to be considered was the advertisement considered to be an Express Contract. I have researched and use the school library and the internet I have developed and understanding of what is an Express contract. The one thing that I noticed is that an Express contract can be oral. Did the Company intentionally or unintentionally engage in an Express contract with his viewers with the offer of achieving a …show more content…

I interpret consideration as each party must receive something in value as a result of entering this contract. Consideration is a promise to do something that you are not legally obligated to do or perform. Examples of consideration would an Adult film star who signs a contract to perform on camera. As a result of this she is paid an agreed upon amount and receives portions of the video sales. The other party in this type of contract would receive the majority of the video sales for entering this contract. In the end, both parties receive a substantial amount of money; they did not have prior to entering this contract. The second element would be offer and acceptance. The parties entering the contract must be satisfied with the offer that is being made and the other party must be willing to accept the offer. The Third element is the legal purpose. The contract cannot be in violation of civil laws that are in most people communities. I often read stories about people dialing 911 on a person who took their money when the agreement was to buy drugs from that person. They call 911 thinking they have a legal reason to get their money back. I believe most contracts are given a legal review to ensure the agreement is legal and binding. When I entered a contract to buy my house it was sent to a lawyer for legal review to ensure that I was getting what I paid …show more content…

Provide support for your position. January 2012, a bride sued her photographer for posting photos of her in her underwear. The Bride called photographer and requested the photos be removed from his website. The Bride eventually sued the photographer and she lost. You would think this would be and open and closed situation. The judge ruled in favor of the Photographer in my opinion because of the contract she signed. It did not specify which photos not to be posted and in the contract she agreed to the Photographer he could post all photographs to his website. The judge honored the legal binding contract entered by both parties. I believe the judge in the soft drink case and the Photographer case honored the case reason being there was no violation of the law or a contract. Judges make decisions within the accordance of the law. It has been established that advertisement is not a legal binding contract or an offer. I believe the judge ruled in favor of Soft Drink Company because the soft drink did not violate the law in advertising. I believe the Judge rule in favor of the Photographer simply because he had a legal binding contract to post the

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