For this discussion board, please address the following questions:

1. Generally, how do we distinguish an advertisement from an offer?

2. Why do you think the distinction between an offer and an advertisement is significant? Please explain. Feel free to reference any case examples from your textbook.

Example:

Most simply put, an offer is a promise that is conditional on receiving something in return as binded by a legal contract. Additionally, in order for an offer to be valid, both parties must enter said contract with full intent and understanding. However, an advertisement is merely an invitation to make an offer, meaning it simply proposes an incentive to make an offer yet does not promise anything. Unlike an offer, advertisements do not guarantee that both parties involved will agree upon said terms of resulting offer. Rather, advertisements function solely to garner peoples’ attention in hopes that an eventual offer will be made, and from there, a contract can be formed. For example, a sign on a store that advertises for 50% off does not technically promise the buyer anything. The store can decide to accept of reject the buyers proposed offer to receive the discount.

It’s clear to see how this fine difference in language has been the bases for many cases arguing that one party made a promise that was not met. Especially in the world of advertising and marketing, it is imperative that any claims made are not promises and that there is no legally-binding contract involved. For example, in the case of Leonard vs. Pepsico Inc., John Leonard saw a TV commercial that claimed if he collected 7,000,000 “Pepsi Points”, he would win a fighter jet. After collecting 7 million Pepsi Points and not receiving a jet in return, Leonard sued Pepsi. However, the judge denied Leonard’s claim on the grounds that an advertising commercial does not constitute as an offer.

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