False Advertising and Express Contracts: A Legal Analysis

1328 Words3 Pages
bulb-icon

Recommended: Misrepresentation in a contract

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

Show More
Related

  • Lambert V. Barron Case

    1495 Words  | 3 Pages

    Whether oral or written, the contract must manifest a mutual intent to be bound expressed in a manner capable of being understood, and include a definite offer, unconditional acceptance and consideration.” (Express Contract 2016) The above definition is a much clearer explanation with key elements outlined; 1. mutual intent, 2, expressed in a manner capable of being understood, 3. definite offer, 4. unconditional acceptance and 5. Consideration.

    Read More

  • Four Elements Of A Contract

    903 Words  | 2 Pages

    The four elements of a contract are the agreement, the consideration, contractual capacity, and a legal object. The oral agreement between Sam and the chain store satisfies the agreement element of a contract definition because when the chain store offered to sell Sam 's invention at their stores, Sam accepted by agreeing to ship 1000 units in exchange. The second element of a contract, the “consideration of each party,” is satisfied because Sam and the chain store have something to give the other (1000 units of the invention in exchange for the exclusive sales of the product at their stores). The third element is “contractual capacity,” which may or may not be fulfilled since we do not know Sam 's age or whether

    Read More

  • Third Party Payers In Healthcare

    650 Words  | 2 Pages

    Third party contracts are comprised of the following: what the providers earn, the conditions of payments, required evidence of

    Read More

  • The Complexity of Contract Law in the Yumy Chocolate Case

    1039 Words  | 3 Pages

    Firstly we look at the advert which was placed on 3rd March in “every newspaper” in order to promote their new product. It is an established principle that advertisements are invitation to treat rather than offer, Partridge v Crittenden (1988) . However, in the same case Parker L J expanded on the point that if the ‘seller is the manufacturer’, then the rule does not apply. This is because, the manufacturer could potentially make an unlimited amount of chocolate, therefore, the advert the defendant placed, is an offer rather than an invitation to treat.

    Read More

  • Monster Beverage Corporation Business Case Study

    1887 Words  | 4 Pages

    The marketing mix, which is basic to any organization, can be considered the ‘controllable’ variables that every business encounters. These controllable variables can be modified based on the uncontrollable variables (external factors found in Environmental Scan) that directly affect business operations. A company focuses on four elements in the marketing mix: Product, Price, Place, and Promotion, which are managed and coordinated through marketing programs in efforts to appeal to their target market. Marketers strive to understand what motivates consumers to purchase certain products. The marketing mix helps to break down some of these questions: What will consumers buy? How much will they spend? Where will they buy? And will they buy again?

    Read More

  • Four Elements Of A Contract Case Study

    730 Words  | 2 Pages

    Various elements must be present to prove that a valid contract exists between Sam and the chain store. The four elements to a contract are agreement, consideration,

    Read More

  • Contract Law Case Study: The Fabulous Restaurant

    1867 Words  | 4 Pages

    There are five elements of a contract that must exist, in order for the agreement between the Fabulous Hotel and myself to be enforceable. Although all contracts contain promises that are enforceable, not all promises meet contract standards. In other words, the promises must meet certain requirements before a contract can be deemed valid. In order for this to happen, the hotel contract must contain the following elements:

    Read More

  • The Role of Consideration in the English Law of Contract

    2235 Words  | 5 Pages

    The most authoritative definition of consideration stems from Currie v Misa in which the judgement of Lord Justice Lush defines consideration as “some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other.” Consideration is therefore, in essence, the price for which a promise is bought. Normally, a promise cannot be contractually binding unless it is supported by some form of consideration and there are numerous rules surrounding it’s successful operation. These include: consideration must move from the promisee, consideration must not be past and consideration must be sufficient but need not be adequate.

    Read More

  • John Leonard Vs Pepsico Essay

    1012 Words  | 3 Pages

    Advertisement companies are created to make a strong emotional appeal and to persuade people to buy different goods and services. Marketing specialists and advertisers use different methods to gain popularity for goods they advertise. Unfortunately, they often manipulate facts and present wrong information in order to attract public attention and gain extra profit. John Leonard vs PepsiCo suitcase is notable became it became a vivid illustration of the wrong information presented during the advertisement company.

    Read More

  • Kesha's Contract Case Summary

    650 Words  | 2 Pages

    In the judge’s defense he said, “You’re asking the court to decimate a contract that was heavily negotiated and typical for the industry. My instinct is to do the commercially reasonable thing” (Bussel, 2016). The statement appeared ruthless for the court to favor the $60 million investor instead of the its receiver’s demand of freedom. The one with more influence will be prioritized in the face of law, leaving the impotent abused. The court does not have any direct power to intervene and break this contract.

    Read More

  • The English contract Offer and Acceptance

    1227 Words  | 3 Pages

    The English contract Offer and Acceptance General principles There are three basic essentials to the creation of a contract which will be recognised and enforced by the courts. These are: contractual intention, agreement and consideration. The Definition of an Offer. This is an expression of willingness to contract made with the intention (actual or apparent) that it shall become binding on the offeror as soon as the person to whom it is addressed accepts it. An offer can be made to one person or a group of persons, or to the world at large.

    Read More

  • Essay On Formation Of A Contract

    709 Words  | 2 Pages

    Formalities – if formalities are prescribed for the formation of the contract , they must be observed.

    Read More

  • Marketing Ethics: The Ethical Ethics Of Deceptive Advertising

    1084 Words  | 3 Pages

    Introduction In order to generate sales, marketers often promote aggressively and uniquely, unfortunately, not all marketing advertisements are done ethically. Companies around the globe spend billions of dollars to promote new products and services and advertising is one of the key tools to communicate with consumers. Conversely, some methods that marketers use to produce advertisements and to generate sales is deceptive and unethical. Ethical issues concern in marketing has always been noted in marketing practice.

    Read More

  • “Past consideration is no consideration”

    1509 Words  | 4 Pages

    In English Law consideration is one of the three main areas of an enforceable contract. It may be defined as an act, forbearance or promise made by a single party that constitutes the price for which the promise of another, is bought. In simple terms, the basic understanding of consideration may be seen as a ‘give and take’ tactic between two parties.

    Read More

  • Case Study Of Pepsico

    1986 Words  | 4 Pages

    In 2011 PepsiCo announced the launch of their Social Vending System. This system featured a full touch interactive screen. A consumer can select a beverage and enter the reciepent's name, mobile number, and personalized message and gift it with a video. PepsiCo uses technology to their advantage for global implementation.The company uses media sites in multiple was as advertisement and marketing tools.

    Read More

More about False Advertising and Express Contracts: A Legal Analysis

Open Document