Reference no: EM13974717
From a perspective of a judge, write an essay/opinion, write a page that describes (iii) common law fraud. Your opinion is essentially a conclusion of the outcome of the case that you heard about, with a detailed analysis of the legal issues using the facts of the case and rules of law (as mentioned in class and in the Pepsi Stuff folder(s), and any independent cases cited by the litigants or found by you or your group). need to support argument with previous cases.
The Pepsi Stuff Catalog was delivered to plaintiff before attempting to purchase the Jet. The Catalog features youngsters dressed in Pepsi Stuff clothing and enjoying Pepsi Stuff accessories, such as "Blue Shades," "Pepsi Tees," "Bag of Balls," and "Pepsi Phone Card." The Catalog specifies the number of Pepsi Points required to obtain promotional merchandise. The Catalog includes an Order Form which lists, on one side, fifty-three items of Pepsi Stuff merchandise redeemable for Pepsi Points along with one "other" item indicated. Absent from the Order Form is any entry or description of a Harrier Jet. The amount of Pepsi Points required to obtain the listed merchandise ranges from 15 (for a "Jacket Tattoo" to 3,300 (for a "Fila Mountain Bike."
The rear foldout pages of the Catalog contain directions for redeeming Pepsi Points for merchandise. These directions note that merchandise may be ordered only with the original Order Form. The Catalog notes that in the event that a consumer lacks enough Pepsi Points to obtain a desired item, additional Pepsi Points may be purchased for ten cents each; however, at least fifteen original Pepsi Points must accompany each order.
On or about September 8, 2010, plaintiff submitted an Order Form, fifteen original Pepsi Points, and a bank check for $700,019.75. At the bottom of the Order Form, next to a box marked "Other," plaintiff wrote in "1 Harrier Jet" in the "Item" column and "7,000,000" in the "Total Points" column. In a letter accompanying his submission, plaintiff stated that the check was to purchase additional Pepsi Points "expressly for obtaining a new Harrier jet as advertised in your Pepsi Stuff commercial on September 8, 2010."
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