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Leonard V. Pepsico, Inc.
''Leonard v. Pepsico, Inc.'', 88 F. Supp. 2d 116, ( S.D.N.Y. 1999), aff'd 210 F.3d 88 ( 2d Cir. 2000), more widely known as the Pepsi Points case, is an American contract law case regarding offer and acceptance. The case was brought in the United States District Court for the Southern District of New York in 1999; its judgment was written by Kimba Wood. In 1996, PepsiCo began a promotional loyalty program in which customers could earn Pepsi Points which could be traded for physical items. A television commercial for the loyalty program displayed the commercial's protagonist flying to school in a McDonnell Douglas AV-8B Harrier II vertical take off jet aircraft, valued at $37.4 million at the time, which could be redeemed for 7,000,000 Pepsi Points. The plaintiff, John Leonard, discovered these could be directly purchased from Pepsi at 10¢ per point. Leonard delivered a check for $700,008.50 to PepsiCo, attempting to purchase the jet. PepsiCo initially rejected Leonard's off ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States District Court For The Southern District Of New York
The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a federal trial court whose geographic jurisdiction encompasses eight counties of the State of New York. Two of these are in New York City: New York (Manhattan) and Bronx; six are in the Hudson Valley: Westchester, Putnam, Rockland, Orange, Dutchess, and Sullivan. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). Because it covers Manhattan, the Southern District of New York has long been one of the most active and influential federal trial courts in the United States. It often has jurisdiction over America's largest financial institutions and prosecution of white-collar crime and other federal crimes. Because of its age, being the oldest federal court in the histo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McDonnell Douglas
McDonnell Douglas Corporation was a major American Aerospace manufacturer, aerospace manufacturing corporation and defense contractor, formed by the merger of McDonnell Aircraft and the Douglas Aircraft Company in 1967. Between then and its own merger with Boeing in 1997, it produced well-known commercial and military aircraft, such as the McDonnell Douglas DC-10, DC-10 and the McDonnell Douglas MD-80, MD-80 airliners, the McDonnell Douglas F-15 Eagle, F-15 Eagle air superiority fighter, and the McDonnell Douglas F/A-18 Hornet, F/A-18 Hornet multirole combat aircraft, multirole fighter. The corporation's headquarters were at St. Louis Lambert International Airport, near St. Louis, Missouri. History Background The company was formed from the firms of James Smith McDonnell and Donald Wills Douglas, Sr., Donald Wills Douglas in 1967. Both men were of Scottish ancestry, were graduates of the Massachusetts Institute of Technology, and had worked for the aircraft manufacturer Glenn ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Per Curiam
In law, a ''per curiam'' decision or opinion (sometimes called an unsigned opinion) is one that is not authored by or attributed to a specific judge, but rather ascribed to the entire court or panel of judges who heard the case. The term is Latin for . United States Federal The decisions of the U.S. Supreme Court are generally not ''per curiam'', with exceptions. Their decisions more commonly take the form of one or more opinions signed by individual justices which are then joined in by other justices. Unanimous and signed opinions are not considered ''per curiam'' decisions, as only the court can officially designate opinions as ''per curiam''. ''Per curiam'' decisions tend to be short. In modern practice, they are most commonly used in summary decisions that the Court resolves without full argument and briefing. The designation is stated at the beginning of the opinion. Single-line ''per curiam'' decisions are also issued without concurrence or dissent by a hung Supreme C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute Of Frauds
The Statute of Frauds ( 29 Cha. 2. c. 3) (1677) is an act of the Parliament of England. In its original form it required that certain types of contracts, wills, and grants, and assignment or surrender of leases or interest in real property must be in writing and signed to avoid fraud on the court by perjury and the subornation of perjury. It also required that documents of the courts be signed and dated. Today it is mostly repealed; only section 4 remains, which is about guarantors. History The attested date for the enactment of the Statute of Frauds is 16 April 1677 (New Style). The act is believed to have been primarily drafted by Lord Nottingham assisted by Sir Matthew Hale, Sir Francis North and Sir Leoline Jenkins. When the Statute of Frauds was originally enacted, its sections and the clauses within section 4 were not numbered. Numbers where added when the act was republished in the '' Statutes at Large''. ''The Statute at Large'', Cambridge Edition published in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Puffery
Puffery is undue or exaggerated praise. Puffery serves to "puff up" what is being described. In law, puffery is usually invoked as a defense argument: it identifies general praising speech, typically produced by a seller, which is not expected to be relied upon and does not give rise to legal liability. In a circular manner, legal explanations for this normative position describe the non-enforceable speech as a statement that no "reasonable person" would take seriously. Origin In a legal context, the term originated in the 1892 English Court of Appeal case '' Carlill v Carbolic Smoke Ball Company'', which centred on whether a monetary reimbursement should be paid when an influenza preventive device failed to work. The manufacturers had paid for advertising stating that £100 would be paid in such circumstances then failed to follow this promise. Part of their defence was that such a statement was "mere puff" and not meant to be taken seriously. While the defence ultimately los ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reasonable Person
In law, a reasonable person or reasonable man is a hypothetical person whose character and care conduct, under any ''common set of facts,'' is decided through reasoning of good practice or policy. It is a legal fiction crafted by the courts and communicated through case law and jury instructions. In some practices, for circumstances arising from an ''uncommon set of facts,'' this person represents a composite of a relevant community's judgement as to how a typical member of that community should behave in situations that might pose a threat of harm (through action or inaction) to the public. The reasonable person is used as a tool to standardize, teach law students, or explain the law to a jury. The reasonable person belongs to a family of hypothetical figures in law including: the "right-thinking member of society", the "officious bystander", the "reasonable parent", the "reasonable landlord", the "fair-minded and informed observer", the "person having ordinary skill in the ar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Restatement (Second) Of Contracts
The Restatement (Second) of the Law of Contracts is a legal treatise from the second series of the Restatements of the Law, and seeks to inform judges and lawyers about general principles of contract common law. It is one of the best-recognized and frequently cited legal treatisesAcceptable citation format under the Bluebook: "Restatement (Second) of Contracts § ___ (Am. L. Inst. 1981)." The Bluebook: A Uniform System of Citation § 12.8.5 (Columbia Law Review Ass'n et al. eds., 17th ed. 2000) in all of American jurisprudence. Every first-year law student in the United States is exposed to it, and it is a frequently cited non-binding authority in all of U.S. common law in the areas of contracts and commercial transactions. The American Law Institute began work on the second edition in 1962 and completed it in 1979; the version in use at present has a copyright year of 1981. For an explanation of the purpose of a restatement of law, see Restatement of the Law. Use and commentary ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pepsi Generation
The Pepsi Generation, is the theme of an advertising campaign for Pepsi-Cola, a US brand of soft drink, that launched in 1963 as the result of a slogan contest. A new car was awarded to the writer of the winning slogan. The contest was the brainchild of Alan Pottasch, a PepsiCo advertising executive, and it was won by Appleton, Wisconsin resident, Ellen M. Reimer. Her slogan invited consumers to "Come Alive! You're the Pepsi Generation!" The original "Come Alive" jingle was performed by singer Joanie Sommers in her memorable "breathy" vocal style. As of 2024, this logo is still used on merchandising. History Earlier campaigns for Pepsi-Cola had emphasized price competition. Pepsi bottles contained nearly twice as much beverage as standard Coca-Cola bottles, and Coca-Cola was by far the leading brand of soft drink. Pepsi launched a jingle campaign in 1939, " Pepsi-Cola Hits the Spot": :''Pepsi-Cola hits the spotTwelve full ounces, that's a lot!Twice as much for a nickel, to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Rules Of Civil Procedure
The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P.; colloquially FRCP) govern civil procedure in United States district courts. They are the companion to the Federal Rules of Criminal Procedure. Rules promulgated by the United States Supreme Court pursuant to the Rules Enabling Act become part of the FRCP unless, within seven months, the United States Congress acts to veto them. The Court's modifications to the rules are usually based upon recommendations from the Judicial Conference of the United States, the federal judiciary's internal policy-making body. At the time (1934) was adopted, federal courts were generally required to follow the procedural rules of the states in which they sat, but they were free to apply federal common law in cases not governed by a state constitution or state statute. Whether within the intent of Congress or not when adopting 28 U.S.C. 724 (1934), the situation was effectively reversed in 1938, the year the Federal Rul ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New York (state)
New York, also called New York State, is a U.S. state, state in the northeastern United States. Bordered by New England to the east, Canada to the north, and Pennsylvania and New Jersey to the south, its territory extends into both the Atlantic Ocean and the Great Lakes. New York is the List of U.S. states and territories by population, fourth-most populous state in the United States, with nearly 20 million residents, and the List of U.S. states and territories by area, 27th-largest state by area, with a total area of . New York has Geography of New York (state), a varied geography. The southeastern part of the state, known as Downstate New York, Downstate, encompasses New York City, the List of U.S. cities by population, most populous city in the United States; Long Island, with approximately 40% of the state's population, the nation's most populous island; and the cities, suburbs, and wealthy enclaves of the lower Hudson Valley. These areas are the center of the expansive New ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Florida
Florida ( ; ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders the Gulf of Mexico to the west, Alabama to the northwest, Georgia (U.S. state), Georgia to the north, the Atlantic Ocean to the east, the Straits of Florida to the south, and The Bahamas to the southeast. About two-thirds of Florida occupies a peninsula between the Gulf of Mexico and the Atlantic Ocean. It has the List of U.S. states by coastline, longest coastline in the contiguous United States, spanning approximately , not including its many barrier islands. It is the only state that borders both the Gulf of Mexico and the Atlantic Ocean. With a population of over 23 million, it is the List of U.S. states and territories by population, third-most populous state in the United States and ranks List of states and territories of the United States by population density, seventh in population density as of 2020. Florida spans , ranking List of U.S. states ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Breach Of Contract
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. Breach occurs when a party to a contract fails to fulfill its obligation(s), whether partially or wholly, as described in the contract, or communicates an intent to fail the obligation or otherwise appears not to be able to perform its obligation under the contract. Where there is breach of contract, the resulting damages have to be paid to the aggrieved party by the party breaching the contract. If a contract is rescinded, parties are legally allowed to undo the work unless doing so would directly charge the other party at that exact time. What constitutes a breach of contract There exists two elementary forms of breach of contract. The first is actual failure to perform the contract as and when specified constitutes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
