Опубликованный пакет / CLIR
us.sdny.leonard_v_pepsico
v0.1.0Leonard v. PepsiCo, Inc., 88 F. Supp. 2d 116 (S.D.N.Y. 1999)
Пломба §208
sha256:4dfdbe3418956e45837d5bfee3030aa1a0850ff012c50f555e0adaa2b6dcd38eПодключить /
law.toml[dependencies] us.sdny.leonard_v_pepsico = "0.1.0"
Получить канонические байты
curl -O /blobs/4dfdbe3418956e45837d5bfee3030aa1a0850ff012c50f555e0adaa2b6dcd38e.lawir.json
Все адресуемые узлы пакета. Помеченные internal — не часть контракта: сослаться на них из другого пакета нельзя (§24). Свою страницу имеют только публичные символы.
symbol_decl — 70
| Узел | Подпись | Анкеры §194 | |
|---|---|---|---|
| STATUTE_OF_FRAUDS_THRESHOLD | the price of $500 at or above which a contract for the sale of goods requires a signed writing (N.Y.U.C.C. § 2-201(1)) | 1 | internal |
| accepted_by_performance | the claimant performed the conditions named in the communication as to the item | 1 | internal |
| accepted_the_order_form | the advertiser accepted the submitted order form and processed payment | 2 | internal |
| advertised_item | the communication is an advertisement displaying the item at a stated price | 1 | internal |
| advertisement | the communication is an advertisement | 1 | internal |
| alleged_contract_on | the alleged contract is said to arise from the communication as to the item | 1 | internal |
| alleges_only_want_of_intention_to_perform | the claim alleges only that the accused entered into a contract with no intention of performing it | 1 | internal |
| appropriate_for_summary_judgment | the question is appropriate for resolution on summary judgment | 1 | internal |
| claim_fails | the claim cannot prevail as a matter of law | 1 | internal |
| collateral_to_a_separate_agreement | the representation was collateral to, or served as an inducement to, a separate agreement between the parties | 1 | internal |
| contract_claim | the claim is a claim for breach of contract or specific performance of the alleged contract | 1 | internal |
| contract_for_sale_of_goods | the alleged contract is a contract for the sale of goods | 1 | internal |
| contract_formation_question | the question is whether a contract was formed on the communication as to the item | 1 | internal |
| contract_formed_on | an enforceable contract was formed | 1 | internal |
| cost_to_accept | the money a would-be offeree must spend to amass the points the advertisement demands for the item | 1 | internal |
| deception_of | the claimant relied on the representation | 1 | internal |
| delivered | the item has been delivered to the claimant | 1 | internal |
| discovery_sought_into_advertiser_subjective_intent | the discovery sought would cast light on the advertiser's subjective intent in making the alleged offer | 1 | internal |
| discovery_sought_into_other_viewers_reactions | the discovery sought would show how other individuals actually responded to the advertisement | 1 | internal |
| discovery_unavailing | the discovery sought is unavailing on the question | 1 | internal |
| displays_item_at_points | the communication displays the item at a stated number of Pepsi Points | 2 | internal |
| entitled_to_delivery | the claimant is entitled to delivery of the item by the seller | 1 | internal |
| establishes_contractual_relationship | the writing by itself establishes a contractual relationship between the parties | 1 | internal |
| evidently_done_in_jest | the advertisement was evidently done in jest as to the item | 1 | internal |
| exaggerated_fantasy | the scene depicted is an exaggerated fantasy of a kind that could not occur | 1 | internal |
| exaggerated_puffery | the advertisement makes exaggerated claims a reasonable viewer would understand as mere puffery, not as statements of fact | 1 | internal |
| falsity_of | the representation is false | 1 | internal |
| for_the_court | the question is one the court decides itself | 1 | internal |
| for_the_jury | the question is one for a jury | 1 | internal |
| fraud_claim | the claim is a claim of fraud brought by the claimant against the accused | 1 | internal |
| fraud_claim_fails | judgment on the fraud claim should enter for the accused | 1 | internal |
| fraud_established | a cause of action for fraud is made out | 1 | internal |
| governing_law_of | the law of this state governs the transaction | 1 | internal |
| identifies_who_may_accept | the advertisement identifies the person who could accept | 1 | internal |
| improbable_performer | the person shown using the item in the advertisement is a highly improbable user of it | 1 | internal |
| indefinite_as_to | the advertisement is not sufficiently definite as to the item | 1 | internal |
| injury_from | the claimant was injured by the reliance | 1 | internal |
| invitation_to_negotiate | the communication is an invitation to negotiate, not an offer | 1 | internal |
| invites_performance_of_a_specified_act | the advertisement invites anybody who performs the conditions named in it to obtain the item, without further communication | 1 | internal |
| item_absent_from | the separate writing contains no entry or description of the item | 1 | internal |
| lacks_words_of_limitation | the advertisement contains no words of limitation such as «first come, first served» | 1 | internal |
| last_act_by_advertiser_in | if the communication was a solicitation, the advertiser's acceptance of the order form was the last act, and it was done in this state | 1 | internal |
| last_act_by_offeree_in | if the communication was an offer, the offeree's acceptance was the last act, and it was done in this state | 1 | internal |
| market_price_of | the cost of the item | 1 | internal |
| military_purpose_of | the primary mission of the item is to attack and destroy surface targets | 1 | internal |
| no_power_of_acceptance | the communication confers no power of acceptance as to the item | 1 | internal |
| objectively_understood_as_offer | an objective, reasonable person would have understood the communication as an offer of the item | 1 | internal |
| offer_by | the submission is itself the offer, made by its sender | 1 | internal |
| offer_of | the communication is an offer of the item | 1 | internal |
| order_form_of | the writing is the order form of the promotion advertised | 2 | internal |
| price_of | the price of the alleged contract | 1 | internal |
| priced_below_market | the advertisement demands less for the item than the item costs | 1 | internal |
| promises_reward_for_performance | the advertisement is a promise of reward to anybody who performs the conditions named in it | 1 | internal |
| reasonable_person_would_understand_as_offer | an objective, reasonable person would have understood the communication to convey an offer of the item | 1 | internal |
| refers_on_its_face_to_the_same_transaction | the unsigned writing refers on its face to the same transaction as the signed one | 1 | internal |
| representation_of_material_existing_fact | the communication is a representation of a material existing fact | 1 | internal |
| requires_experience_of_subtle_social_dynamics | answering the question requires current real-life experience of subtle social dynamics that a federal judge lacks | 1 | internal |
| reserves_details_to | the advertisement reserves the details of the alleged offer to a separate writing | 1 | internal |
| scienter_of | the accused made the representation knowing it to be false | 1 | internal |
| seeks_reciprocal_promise | the advertisement seeks a reciprocal promise, expressed through acceptance of and compliance with the terms of an order form | 1 | internal |
| seller_of | the party from whom performance of the alleged contract is sought | 1 | internal |
| signed_by_the_party_charged | the writing is signed by the party against whom enforcement is sought, or by an authorized agent or broker | 1 | internal |
| states_steps_to_accept | the advertisement states the steps a potential offeree must take to accept as to the item | 1 | internal |
| submitted | the sender submitted the completed order form seeking the item | 2 | internal |
| sufficient_writing | there is a writing sufficient to satisfy the statute of frauds | 1 | internal |
| sufficiently_definite | the advertisement is clear, definite and explicit as to the item | 1 | internal |
| unenforceable_for_want_of_writing | the alleged contract is not enforceable for want of a signed writing | 1 | internal |
| words_and_actions_so_clear_reasonable_people_could_not_differ | the words and actions that allegedly formed a contract are so clear that reasonable people could not differ over their meaning | 1 | internal |
| writing | the communication is a writing | 1 | internal |
| writings_may_be_combined | the unsigned writing may be read together with the signed one for the purposes of the statute of frauds | 1 | internal |
type_decl — 7
| Узел | Подпись | Анкеры §194 | |
|---|---|---|---|
| Claim | a claim brought or defended in the action | internal | |
| Communication | a communication: the commercial, the Catalog, the Order Form, a letter, a check | internal | |
| Item | an item of merchandise: a T-shirt, a leather jacket, a Harrier Jet | internal | |
| Party | a party: PepsiCo or Leonard | internal | |
| Place | a state whose law may govern the transaction | internal | |
| Question | a question the court is asked to decide | internal | |
| Transaction | the alleged contract of sale on which the claim rests | internal |
rule — 35
| Узел | Подпись | Анкеры §194 | |
|---|---|---|---|
| AbsenceOfWordsOfLimitationMakesIndefinite | The absence of any words of limitation such as «first come, first served» renders the alleged offer sufficiently indefinite that no contract could be formed (Mesaros; Farnsworth) | 1 | internal |
| ActsEvidentlyDoneInJestConferNoPowerOfAcceptance | An offer must be an act that leads the offeree reasonably to conclude that a power to create a contract is conferred; acts evidently done in jest or without intent to create legal relations are excluded (Corbin § 1.11; Graves v. Northern N.Y. Pub. Co.) | 1 | internal |
| AdvertisedItem | An advertisement displaying an item at a stated number of points advertises that item | 1 | internal |
| AdvertisementInducingPerformanceIsAPromiseOfReward | An advertisement that invites performance of the conditions it names is a promise of reward to anybody who performs them (Carbolic Smoke Ball per Lindley L.J.) | 1 | internal |
| AdvertisementIsNotAnOffer | Advertisements of goods by display, sign, handbill, newspaper, radio or television are not ordinarily intended or understood as offers to sell; the presumption is the other way (Restatement (Second) of Contracts § 26 cmt. b; Corbin § 2.4; Lovett; Geismar; Gimbel Bros.) | 1 | internal |
| AnAdvertisementThatIsNoOfferIsAnInvitation | An advertisement which is not an offer is understood to be a mere request to consider and examine and negotiate — an invitation to negotiate (Corbin § 2.4; Lovett) | 1 | internal |
| BareWantOfIntentionToPerformIsNoFraud | A cause of action does not generally lie where the plaintiff alleges only that the defendant entered into a contract with no intention of performing it (Grappo v. Alitalia; Rocanova v. Equitable Life) | 1 | internal |
| CarbolicSmokeBallException | Advertisements offering rewards are offers to anybody who performs the conditions named in the advertisement, and anybody who does perform the condition accepts the offer (Carlill v. Carbolic Smoke Ball; Barnes v. Treece; Newman v. Schiff; James v. Turilli) | 1 | internal |
| ClaimFailsBecauseNoReasonablePersonWouldHaveUnderstoodAnOffer | Second: the tongue-in-cheek attitude of the commercial would not cause a reasonable person to conclude that a soft drink company would be giving away fighter planes as part of a promotion | 3 | internal |
| ClaimFailsBecauseTheAdvertisementWasNotAnOffer | First: the commercial was merely an advertisement, not a unilateral offer | 2 | internal |
| ClaimFailsForWantOfAWriting | Third: there is no writing between the parties sufficient to satisfy the statute of frauds | 2 | internal |
| CommercialWasEvidentlyDoneInJest | Puffery, an improbable user, an exaggerated fantasy, a military purpose and a price far below cost together show that the advertisement was evidently done in jest | 1 | internal |
| ConfluenceOfMemoranda | A combination of signed and unsigned writings satisfies the statute provided the signed one establishes a contractual relationship and the unsigned one on its face refers to the same transaction (Crabtree v. Elizabeth Arden Sales; Horn & Hardart v. Pillsbury; Bruce Realty) | 1 | internal |
| ContractForFiveHundredOrMoreIsUnenforceableWithoutAWriting/R1 | A contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought (N.Y.U.C.C. § 2-201(1)) | 1 | internal |
| ContractForFiveHundredOrMoreIsUnenforceableWithoutAWriting/R2 | A contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought (N.Y.U.C.C. § 2-201(1)) | 1 | internal |
| ContractFormationMayBeResolvedOnSummaryJudgment | The question whether a contract was formed is appropriate for resolution on summary judgment where the words and actions are so clear that reasonable people could not differ over their meaning (Krumme, Bourque, Wards Co.) | 1 | internal |
| DefinitenessOnTheFaceOfTheAdvertisement | An advertisement that itself displays the item and its price is, on its face, clear, definite and explicit as to that item | 1 | internal |
| DemandedPriceBelowCost | Where the money required to amass the advertised points is less than the cost of the item, the advertisement demands less for the item than it costs | 1 | internal |
| DiscoveryIntoOtherViewersIsUnavailing | That others may have interpreted the advertisement as an offer renders that belief neither more nor less reasonable: the alleged offer must be evaluated on its own terms | 1 | internal |
| DiscoveryIntoSubjectiveIntentIsUnavailing | Discovery into the advertiser's subjective intent is irrelevant to whether an objective, reasonable person would have understood the communication to be an offer (Kay-R Elec.; Mesaros; Corbin § 1.11) | 1 | internal |
| DutyToDeliverTheItem | Where the claimant is entitled to delivery, the seller owes the claimant delivery of the item — the specific performance plaintiff sought | 1 | internal |
| EntitlementToDelivery | Where the communication was an offer of the item, an objective reasonable person would have understood it as such, the claimant performed its conditions and a writing satisfies the statute of frauds, the claimant is entitled to delivery | 4 | internal |
| FraudMadeOut | The elements of a cause of action for fraud are representation of a material existing fact, falsity, scienter, deception and injury, and the misrepresentation must be collateral or an inducement to a separate agreement (New York Univ. v. Continental Ins.; Channel Master; Bridgestone/Firestone; Deerfield; Stewart v. Jackson & Nash) | 1 | internal |
| GoverningLawWhereAdvertiserAccepted | If the communication was a solicitation to receive offers, the last act necessary to complete the contract is the advertiser's acceptance of the order form, and the law of the place of that act governs (Jemco; and see note 16) | 2 | internal |
| GoverningLawWhereOffereeAccepted | If the communication was an offer, the last act necessary to complete the contract is the offeree's acceptance, and the law of the place of that act governs (Jemco) | 1 | internal |
| HowAReasonablePersonWouldUnderstandIsForTheCourt | Determining how a reasonable, objective person would have understood a communication is an inquiry commonly performed by courts on a motion for summary judgment (Krumme; Bourque; Wards Co.) | 1 | internal |
| IndefinitenessRebutsDefiniteness | An advertisement shown to be indefinite as to the item is not clear, definite and explicit as to it | 1 | internal |
| LefkowitzException | Where the advertisement is clear, definite and explicit, identifies the person who could accept and leaves nothing open for negotiation, it constitutes an offer, acceptance of which will complete the contract (Lefkowitz v. Great Minneapolis Surplus Store; Johnson v. Capital City Ford) | 1 | internal |
| NoContractUntilTheAdvertiserAccepts | There is no enforceable contract until the advertiser accepts the order form and processes payment (Mesaros) | 1 | internal |
| ObjectiveUnderstandingEstablished | Whether an offer was made depends on the objective reasonableness of the alleged offeree's belief that the advertisement was intended as an offer, and that is for the court to determine (Kay-R Elec.; Mesaros; Farnsworth § 3.10; Williston § 4:7) | 1 | internal |
| ReciprocalPromiseRebutsTheRewardCharacter | An advertisement that seeks a reciprocal promise is an offer to negotiate, not a promise of reward (Carbolic Smoke Ball per Bowen L.J.; Lovett) | 1 | internal |
| ReservationToASeparateWritingMakesIndefinite | An advertisement that reserves the details of the alleged offer to a separate writing which contains no entry for the item is not sufficiently definite as to that item | 1 | internal |
| SignedWritingEstablishingTheRelationshipSuffices | A writing signed by the party against whom enforcement is sought which by itself establishes a contractual relationship between the parties satisfies the statute of frauds (N.Y.U.C.C. § 2-201(1); Crabtree; Horn & Hardart; O'Keeffe v. Bry) | 1 | internal |
| SubmissionOfTheOrderFormIsTheOffer | Advertisements and order forms are mere notices and solicitations for offers which create no power of acceptance in the recipient; the completed order form with the required points is the offer (Mesaros; Foremost Pro Color; Restatement (Second) of Contracts § 26; Alligood) | 1 | internal |
| SubtleSocialDynamicsAreForTheJury | A question whose answer requires current real-life experience of subtle social dynamics is particularly appropriate for a jury (Gallagher v. Delaney) | 1 | internal |
priority_rule — 5
| Узел | Подпись | Анкеры §194 | |
|---|---|---|---|
| CarbolicOverTheGeneralRule | The reward exception prevails over the general rule | 1 | internal |
| ContractForFiveHundredOrMoreIsUnenforceableWithoutAWriting/priority | A contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought (N.Y.U.C.C. § 2-201(1)) | 1 | internal |
| IndefinitenessOverTheFace | A showing of indefiniteness prevails over the face of the advertisement | 1 | internal |
| LefkowitzOverTheGeneralRule | The Lefkowitz exception prevails over the general rule | 1 | internal |
| ReciprocalPromiseOverReward | Seeking a reciprocal promise prevails over the appearance of a reward | 1 | internal |
norm_template — 1
| Узел | Подпись | Анкеры §194 | |
|---|---|---|---|
| DeliverTheItem | Where the claimant is entitled to delivery, the seller owes the claimant delivery of the item — the specific performance plaintiff sought | 1 | internal |
external_decl — 1
| Узел | Подпись | Анкеры §194 | |
|---|---|---|---|
| reasonable_person_would_understand_as_offer/external | an objective, reasonable person would have understood the communication to convey an offer of the item | 1 | internal |
fragment — 19
| Узел | Подпись | Анкеры §194 | |
|---|---|---|---|
| LP_S_I | — | internal | |
| LP_S_II | — | internal | |
| LP_S_III | — | internal | |
| LP_S_II_A | — | internal | |
| LP_S_II_A_1 | — | internal | |
| LP_S_II_A_2 | — | internal | |
| LP_S_II_B | — | internal | |
| LP_S_II_B_1 | — | internal | |
| LP_S_II_B_2 | — | internal | |
| LP_S_II_C | — | internal | |
| LP_S_II_C_1 | — | internal | |
| LP_S_II_C_2 | — | internal | |
| LP_S_II_C_3 | — | internal | |
| LP_S_II_C_4 | — | internal | |
| LP_S_II_D | — | internal | |
| LP_S_II_E | — | internal | |
| LP_S_I_A | — | internal | |
| LP_S_I_B | — | internal | |
| LP_S_NOTES | — | internal |
publication — 1
| Узел | Подпись | Анкеры §194 | |
|---|---|---|---|
| LP_TEXT | — | internal |
source_edition — 1
| Узел | Подпись | Анкеры §194 | |
|---|---|---|---|
| LP_REPORTER | F. Supp. 2d, volume 88, page 116 (West), as digitized by the Caselaw Access Project | internal |
source_work — 1
| Узел | Подпись | Анкеры §194 | |
|---|---|---|---|
| LEONARD_V_PEPSICO | Leonard v. PepsiCo, Inc., 88 F. Supp. 2d 116 (S.D.N.Y. 1999) | internal |