...John D.R. Leonard vs. PepsiCo, Inc. In the case of John Leonard vs. PepsiCo, Leonard wanted to purchase the Harrier jet plane that was advertised in the PepsiCo commercial he had watched. The commercial stated that customers whom obtained $7 million Pepsi points can purchase the Harrier jet plane. Leonard purchased a PepsiCo catalog and noticed that the order form did not include the Harrier jet. Leonard then began the process needed to make his purchase from PepsiCo. The legal issue before the court is whether or not Pepsi made a legitimate offer of a Harrier Jet in return for $7 million Pepsi Points to anyone who viewed the commercial. Being logical it would have seemed that not everyone really believed that a Harrier jet could be purchased. PepsiCo had begun to dig deeper into their previous advertisements and the laws that followed behind them. Once Leonard did his order, PepsiCo rejected his submission and returned the check in the amount of $700,008.50. PepsiCo apologized to Mr. Leonard for any misunderstanding and misleading information the commercial may have caused. The commercial was intended to be humorous and entertaining for promotion purposes for the Pepsi products. Leonard received a letter stating “The item that you have requested is not part of the Pepsi stuff collection. It is not included in the catalogue or on the order form, and only catalogue merchandise can be redeemed under this program” (Court, 1995). The courts made the decision that...
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...Supp.2d 116” Access this database by following these steps: 1. Access TU Portal 2. From TU Portal, select TU Library link on the left 3. In TU Library, select Databases, and then All Databases A-Z 4. Open the LexisNexis Academic Database 5. Select Look up a Legal Case 6. Search for citation: 88 F.Supp.2d 11 This will allow you to access this cases opinion, read the opinion in entirety and answer the following questions. Question 1: What court is issuing this opinion? UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK Question 2: Provide a brief description of a plaintiff? Who is the plaintiff in this case? JOHN D.R. LEONARD is plaintiff. He saw the AD which was made by Pepsi and think that he can use 7,000,000 point to exchange a Harrier Jet from Pepsi. Leonard bought Pepsi point from his friends and got the enough points. But Pepsi refused gave him the Jet. Question 3: Provide a brief description of a defendant? Who is the defendant in this case? Pepsi is defendant. Pepsi made a television commercial for its activity...
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...is exchanged for goods or services. Contractual capacity is the legal ability to enter into a contract (Cheeseman,2009). Lawful object is required for a contract to be enforceable (Cheeseman, 2009). The objective theory of contracts holds that the intent to enter into an express or Implied-in-fact contract is judged by the reasonable person standard (Cheeseman, 2006). In the case of PepsiCo vs. Leonard there is no contract on the basis of the objective theory. As the judge ruled "an objective reasonable person would not have considered the commercial an offer" (Leonard vs. PepsiCo). Objective theory of contracts makes a proposal stating that would, a reasonable person in the position of the offeree believe an offer was made and that the transaction will be ended upon his acceptance of the offer. The court held that there was not a valid agreement because there was no mutual agreement between PepsiCo and Leonard. Many contracts are enforceable only when they are made orally. Advertisements are not thought of as...
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...To: Mayor Morse From: Kissel Evaluations by Karen Kissel Subject: Contract Specifics based on Leonard vs. PepsiCo, 1999 Ref: Unit 3 IP PROJECT Date: August 6, 2011 Dist: Anytown, Anywhere Based on Leonard vs. PepsiCo, 1999, along with various readings and research done at AIU Online Library – I, Karen Kissel have evaluated and re-evaluated the various legal ramifications, along with the positives and the negatives that would be involved with the potential advertising campaign of auctioning off ANYTOWN ON EBay. Executive Summary (used in place of an Abstract) In this paper the author is going to explain the valid legal elements of contracts. She is going to define the objective theory of contracts. In this paper advertisements and there legalities will be touched upon and how they relate to the Leonard v. PepsiCo Case. All the essences of contracts have been outlined and surmised to determine whether or not Mayor Morse should follow through with his potential advertising campaign to sell Anytown on EBay. All the information presented in this paper is to advise, and enlighten by educating the Mayor of all things relevant to contracts and the various factors attached to them while comparing them to the PepsiCo case of 1999. The author has hopefully fulfilled the needs and requirements expected of her by the mayor and his associates. Some fine examples have also been given to illustrate various points of law. ...
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...Buss Law: Lindgren vs. GDT, LLC (96-98) Plaintiff: Lindgren/GDT, LLC Defendant: GDT, LLC/ Lindgren Facts: Lindgren came-up with an accessory concept, which she sold online and in a store in Iowa. She patented it in 2000. GDT started selling a product quite similar to hers at much higher prices through all of its distribution channels. When Lindgren found out she filed a lawsuit in the federal district court in Iowa against GDT for infringement. GDT, claiming that it has no affiliation with the State, expressed its right to exercise its in personam jurisdiction and filed a motion to dismiss the case in Iowa. Yet, Lindgren countered by stipulating that online the company gave the option of delivering its products to Iowa (with FedEx). Ruling: Lindgren failed to make a prima facie case of personal jurisdiction. Yet, the court found that Lindgren’s claim could continue in the central district of California. GDT’s motion to dismiss was denied. Judicial Opinion: Due process requires that in order to subject a non-resident to the jurisdiction of a state’s court, the latter should have a certain minimum contact with it. The contacts with the state should be more than ‘random’, ‘fortuitous’ or ‘attenuated’. Use of a precedent: Zippo manufacturing case. The Zippo court observed that the likelihood that the personal jurisdiction can be constitutionally exercised is directly proportionate to the nature and the quality of the commercial activity that an entity conducts over the...
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...SL. NO. | TITLE | SOURCE OF THE PROJECT | PAGE NO. | SIGN OF THE TEACHER | 1 | Acknowledgement | - | | | 2 | Brand RivalryAn INTRODUCTION | www.wikipedia.org | | | 3 | PepsiAn Introduction | www.wikipedia.org | | | 4 | Pepsi the history | www.wikipedia.orgwww.pepsiarabia.com | | | 5 | Products Of Pepsi | www.wikipedia.org | | | 6 | Coca-Cola An Introduction | www.wikipedia.org | | | 7 | Coca-Colathe history | www.cocacola.com | | | 8 | Products Of Coca-Cola | www.wikipedia.org | | | 9 | Pepsi Vs Coca-Cola A Comparison | www.versus.com | | | 10 | Pepsi Vs Coca-Cola THE COLA WAR | www.slideshare.netwww.scribd.com | | | 11 | Pepsi Vs Coca-Cola Which Cola brand is the Better Investment? | - | | | 12 | Pepsi Vs Coca-Cola PRESENCE IN INDIA | www.infobarrel.com | | | 13 | Pepsi Vs Coca-Cola Marketing | www.google.com | | | 14 | Pepsi Vs Coca-Cola Advertising Strategies | www.google.com | | | 15 | Pepsi Vs Coca-Cola Conclusion | - | | | 16 | BIBLIOGRAPHY | - | | | ACKNOWLEDGEMENT I have taken efforts in this project. However, it would not have been possible without the kind support and help of many individuals and organizations. I would like to extend my sincere thanks to all of them. I thank my God for providing me with everything that I required in completing this project. I am highly indebted to the Teacher in Charge Mr. James Thomas for his guidance and constant supervision as well as for providing necessary...
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...Page 1 – ASIA PACIFIC 2012 Copyright © ESOMAR 2012 “SO MANY DIFFERENT SUNS” HOW SUCCESSFUL BRANDS HIT THE CONFLUX OF AFFORDABILITY AND ASPIRATION Shobha Prasad • Sangeeta Gupta INTRODUCTION All of us are familiar with the current industry focus on emerging markets. It is also no surprise that the larger consuming population in these markets lies not at the top end, but towards the middle and lower ends of the income pyramid. This is also where marketers struggle the most – how should the offer be constructed to ensure it is affordable yet desirable? The proposed Theory of Multiple Aspiration & Poverty Lines (MAPL) represented a new and stratified approach to understanding affluence, poverty and aspiration. This has many implications on brand positioning and portfolio strategies for creation of winning brands or “suns”. Objective The objective of this paper was to take this thinking forward through an exploration as follows: Broadly, what are the implications of the Multiple Aspiration & Poverty Lines (MAPL) theory for brand positioning, communication and portfolio management? What drives brand success in the Indian context? What strategies have these brands used to achieve success- to what degree are these brands wedded to symbols of aspiration /belongingness in each social class? How did the brands that were not so successful in the Indian market falter on making the right connections on these dimensions? Approach We identified product categories through which...
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...ROBERT F. HARTLEY • Cindy Claycomb 12th Edition T W E L F T H E D I T I O N MARKETING MISTAKES AND SUCCESSES Robert F. Hartley Late of Cleveland State University Cindy Claycomb Wichita State University VICE PRESIDENT & EXECUTIVE PUBLISHER SENIOR EDITOR PROJECT EDITOR EDITORIAL ASSISTANT ASSOCIATE DIRECTOR OF MARKETING MARKETING MANAGER MARKETING ASSISTANT DESIGN DIRECTOR PRODUCT DESIGNER SENIOR PRODUCTION MANAGER ASSOCIATE PRODUCTION MANAGER PRODUCTION EDITOR COVER DESIGNER George Hoffman Franny Kelly Brian Baker Jacqueline Hughes Amy Scholz Kelly Simmons Marissa Carroll Harry Nolan Allison Morris Janis Soo Joel Balbin Eugenia Lee Kenji Ngieng This book was set in 10/12 New Caledonia by Aptara®, Inc. and printed and bound by Courier/Westford. The cover was printed by Courier/Westford. This book is printed on acid-free paper. Founded in 1807, John Wiley & Sons, Inc. has been a valued source of knowledge and understanding for more than 200 years, helping people around the world meet their needs and fulfill their aspirations. Our company is built on a foundation of principles that include responsibility to the communities we serve and where we live and work. In 2008, we launched a Corporate Citizenship Initiative, a global effort to address the environmental, social, economic, and ethical challenges we face in our business. Among the issues we are addressing are carbon impact, paper specifications and procurement, ethical...
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...JWCL165_c14_674-725.qxd 8/16/09 7:46 AM Page 674 14 Financial Statement Analysis Chapter STUDY OBJECTIVES After studying this chapter, you should be able to: 1 Discuss the need for comparative analysis. 2 Identify the tools of financial statement analysis. 3 Explain and apply horizontal analysis. 4 Describe and apply vertical analysis. 5 Identify and compute ratios used in analyzing a firm’s liquidity, profitability, and solvency. 6 Understand the concept of earning power, and how irregular items are presented. 7 Understand the concept of quality of earnings. The Navigator ✓ The Navigator Scan Study Objectives ■ Read Feature Story ■ Read Preview ■ Read text and answer p. 681 ■ p. 694 ■ Work Comprehensive Do it! p. 699 Do it! ■ p. 701 p. 703 ■ ■ Review Summary of Study Objectives ■ Answer Self-Study Questions ■ Complete Assignments ■ ✓ Feature Story IT PAYS TO BE PATIENT In 2008 Forbes magazine listed Warren Buffett as the richest person in the world. His estimated wealth was $62 billion, give or take a few million. How much is $62 billion? If you invested $62 billion in an investment earning just 4%, you could spend $6.8 million per day—every day—forever. How did Mr. Buffett amass this wealth? Through careful investing. You think you might want to follow Buffett’s example and transform your humble nest-egg into a mountain of cash. His techniques have been...
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...ACCOUNT CLASSIFICATION AND PRESENTATION Account Title Accounts Payable Accounts Receivable Accumulated Depreciation—Buildings Accumulated Depreciation—Equipment Advertising Expense Allowance for Doubtful Accounts Amortization Expense Bad Debt Expense Bonds Payable Buildings Cash Common Stock Copyrights Cost of Goods Sold Debt Investments Depreciation Expense Discount on Bonds Payable Dividend Revenue Dividends Dividends Payable Equipment Freight-Out Gain on Disposal of Plant Assets Goodwill Income Summary Income Tax Expense Income Taxes Payable Insurance Expense Interest Expense Interest Payable Interest Receivable Interest Revenue Inventory Classification A Current Liability Current Asset Plant Asset—Contra Plant Asset—Contra Operating Expense Current Asset—Contra Operating Expense Financial Statement Balance Sheet Balance Sheet Balance Sheet Balance Sheet Income Statement Balance Sheet Income Statement Income Statement Balance Sheet Balance Sheet Normal Balance Credit Debit Credit Credit Debit Credit Debit Debit Credit Debit Debit Credit Debit Debit Debit Debit Debit Credit Debit Credit Debit Debit Credit Debit (1) Debit Credit Debit Debit Credit Debit Credit Debit B Operating Expense Long-Term Liability Plant Asset C Current Asset Stockholders' Equity Intangible Asset Cost of Goods Sold Balance Sheet Balance Sheet Balance Sheet Income Statement Balance Sheet Income Statement Balance Sheet Income Statement Retained Earnings Statement Balance Sheet Balance...
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...www.it-ebooks.info www.it-ebooks.info E L E V E N T H E D I T I O N MARKETING MISTAKES AND SUCCESSES 3 0 T H A N N I V E R S A RY Robert F. Hartley Cleveland State University JOHN WILEY & SONS, INC. www.it-ebooks.info VICE PRESIDENT & PUBLISHER EXECUTIVE EDITOR ASSISTANT EDITOR PRODUCTION MANAGER PRODUCTION ASSISTANT EXECUTIVE MARKETING MANAGER ASSISTANT MARKETING MANAGER MARKETING ASSISTANT DESIGN DIRECTOR SENIOR DESIGNER SENIOR MEDIA EDITOR George Hoffman Lise Johnson Carissa Doshi Dorothy Sinclair Matt Winslow Amy Scholz Carly DeCandia Alana Filipovich Jeof Vita Arthur Medina Allison Morris This book was set in 10/12 New Caledonia by Aptara®, Inc. and printed and bound by Courier/Westford. The cover was printed by Courier/Westford. This book is printed on acid-free paper. Copyright © 2009, 2006, 2004, 2001, 1998, 1995, 1992, 1989, 1986, 1981, 1976 John Wiley & Sons, Inc. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, except as permitted under Sections 107 or 108 of the 1976 United States Copyright Act, without either the prior written permission of the Publisher, or authorization through payment of the appropriate per-copy fee to the Copyright Clearance Center, Inc. 222 Rosewood Drive, Danvers, MA 01923, website www.copyright.com. Requests to the Publisher for permission should...
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...Part I: Principles of Contractual Obligation The Promise Principle and its Rivals A. Grounds for Enforcing Promises 1. FORMALITY Creation of a contract (§17): The formation of a contract requires a bargain in which there is a manifestation of mutual assent (offer and acceptance) to the exchange and consideration. a. When charitable promises are made without consideration or reliance there must be formality (evidence that the parties intended to be legally bound). (Deleo) i. Oral vs. Written ii. On death bed vs. more lucid with witnesses 2. BARGAINa. Consideration Elements (§71) i. To constitute consideration, a performance or a return promise must be bargained for. (§ 71(1)) Bargained for: sought by the promisor in exchange for his promise and is given by the promisee in exchange for that promise. (§71(2))(Whitten v. Greeley-Shaw: mistress; husband did not bargain) Performance may consist of: (§71(3)) a) an act other than a promise; b) a forbearance (Hamer v. Sidway: no drinking deal w/ uncle) (Duncan v. Black: empty cotton suit); c) the creation, modification, or destruction of a legal relation ii. Warnings for a lack of bargaining (from Whitten): The party proposing the contract also receives material benefit One party is vulnerable and the other takes advantage of a duress-like situation b. Consideration as Motive (§ 81) i. The fact that what is bargained for does not of itself induce the making of a promise does not prevent it from being consideration for the...
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...The Confessions of Online Shopaholics Introduction We all know that we are in the midst of a social, business, and cultural revolution. Our generation today is often termed as “technology savvy”, especially now that the internet has new revolutionary trends. Nowadays, businesses are not just using databases but also the internet. Since 1995, electronic commerce (e-commerce) has grown in the United States from a standing start to $310 billion retail, travel, and media business and a 3.3 trillion worth total of business-to-business databases, bringing about enormous changes in business firms, markets and consumer behavior quickly. Economies and business firms around the globe got affected rapidly. Today, e-commerce has become the platform for new, unique services and capabilities that are not found in the physical world. In 2011, e-commerce is entering a new period of explosive entrepreneurial activity focusing on social networks, and the mobile digital platform created by smartphones and netbooks (Laudon, 2012). As stated by Rayport (2002), “We are in a revolution that is enabled and accelerated by technological change and at the center of this change is the internet, and, more specifically, economies” (p 2). Whenever we read the morning papers, we observe interesting stories on companies helping the growth of the internet and so the day goes-with constant stimuli related to the internet, e-commerce and the new economy- as we work, shop, dine, or drive through our...
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...Contracts, Fall 2012, Dr. Adams Introduction Contract law is a promise or set of promises for the breach of which the law gives remedy * Sources of Contract Law & Authority (primarily state law, not federal) * Common Law -Judicial opinions * Restatements – produced by the ALI to bring clarity & consistency to CL * Statutory law- always supersedes CL; UCC only applied to the same of goods * International commercial law & the CISG- applies mainly to international contract issues Consideration * Consideration as Benefit or Detriment 21–32 * Appeal of Clark * Court defines consideration via benefit-detriment analysis * Court allows individuals to place a value on services, the court has no right to limit the values a contracting individual puts on the services they receive * Dougherty v. Salt * In order for there to be consideration, both parties must understand that a bargain has happened (a child cannot understand a bargain) * Why is consideration required * Hamer v. Sidway I * Gratuitous transfer (i.e. to give someone something) is not consideration * Consideration must be something of value (a benefit for a detriment trade-off) * Hamer v. Sidway II * Forbearance from a legal right (drinking, smoking, pressing charges) can be consideration because it counts as the detriment element of consideration * Consideration to enforce...
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...S T R A T E G Y – II S T R A T E G Y – II S T R A T E G Y – II S T R A T E G Y – II S T R A T E G Y – II www.ibscdc.org 1 Transformation Corporate Transformation Korean Air: Chairman/CEO Yang-Ho Cho’s Radical Transformation A series of fatal accidents, coupled with operational inefficiencies snowballed Korean Air into troubled times. Then, at the beginning of the 21st century, its CEO/ Chairman, Yang-Ho Cho undertook various transformation initiatives - for instance, improving service quality and safety standards, technology integration, upgrading pilot training, better business focus; putting in place a professional management team, improving corporate image through sponsorship marketing, etc. He gave a new corporate direction in the form of '10,10,10' goal. However, Korean Air is held up by a slew of challenges. Among which are inefficiencies of - Chaebol system of management, possible clash of its cargo business with its own shipping company, limited focus on the domestic market and growing competition from LCCs. How would Korean Air manage growth as a family-owned conglomerate? The case offers enriching scope for analysing a family business’s turnaround strategies, with all the legacy costs involved. Pedagogical Objectives • To discuss the (operational) dynamics of Korean Chaebols - their influence/ effects on the country’s industrial sector and the economy as a whole • To analyse how family-owned businesses manage the transition phase - from a supplier-driven...
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