That pepsi case is in every contracts textbook around. But until this documentary, I had no idea that Avenatti had anything to do with it. Truth be told, its very complicated, but ultimately I think the court was correct. This isn't an offer. And you can go through a lot of other things that also are not "offers" that you can accept.
For example: ever buy something online only to find out they don't have it? Can't sue them to enforce the deal. Obviously they gotta refund your money. But you can't force them to sell you what you ordered. There was another case somewhat similar to this where people were buying those commemorative gold coins that you see advertised on tv. I want to say this also had some affiliation with the US mint. But that might be a mistaken recollection. Anyway, a bunch of people sued over having sent a check + their form to buy these coins, and they got their check sent back with a letter saying that all of the supplies are gone. Sorry. And they lost.
If you get down to the basics, you can't have an offer that is possible to accept if there are too many key details necessary to the deal. Like (1) which model harrier; (2) when will it be delivered; (3) where will it be delivered; (4) is it airworthy or not; and so on. Prior to this case, there were ample numbers of cases of people sending in order forms from the back of magazines and getting told they can't get this particular item. Whether it was discontinued, or it was out of stock or whatever. And people could not force this deal because it simply was not an offer that could be accepted. It was an invitation for further negotiation basically. Subject to a number of factors like availability etc.
That pepsi case is in every contracts textbook around. But until this documentary, I had no idea that Avenatti had anything to do with it. Truth be told, its very complicated, but ultimately I think the court was correct. This isn't an offer. And you can go through a lot of other things that also are not "offers" that you can accept.
For example: ever buy something online only to find out they don't have it? Can't sue them to enforce the deal. Obviously they gotta refund your money. But you can't force them to sell you what you ordered. There was another case somewhat similar to this where people were buying those commemorative gold coins that you see advertised on tv. I want to say this also had some affiliation with the US mint. But that might be a mistaken recollection. Anyway, a bunch of people sued over having sent a check + their form to buy these coins, and they got their check sent back with a letter saying that all of the supplies are gone. Sorry. And they lost.
If you get down to the basics, you can't have an offer that is possible to accept if there are too many key details necessary to the deal. Like (1) which model harrier; (2) when will it be delivered; (3) where will it be delivered; (4) is it airworthy or not; and so on. Prior to this case, there were ample numbers of cases of people sending in order forms from the back of magazines and getting told they can't get this particular item. Whether it was discontinued, or it was out of stock or whatever. And people could not force this deal because it simply was not an offer that could be accepted. It was an invitation for further negotiation basically. Subject to a number of factors like availability etc.
Interesting info! Thanks