This website uses cookies to ensure you have the best experience. Learn more

Advertisements Are Not Legal Agreements Essay

924 words - 4 pages

This paper examines the elements of a legal contract and how advertisements are not viewed as legal contracts in most cases. It will review the case of Leonard vs. Pepsico to determine what happens when an advertisement is viewed as a valid offer and responded to with such view. How rewards and auctions are viewed in legal terms. Finally, how this applies to the creative idea to boost tourism by auctioning Bigtown on eBay.
Elements of a Legal Contract
In order to have a contract that is legally binding, it must be valid and involves at least two parties. They are the offeror, the party making the offer, and the offeree, the party accepting the offer. A contract exists only if the offer is made and accepted. It must be clear and specific. They can be unilateral, meaning the offer's offer is accepted only by the performance of a requested act by the offeree, or bilateral where the offeror's offer can be answered either agreeing or rejecting the offer. The bilateral contract is binding as a promise for a promise. Additionally, there are four elements of a valid contract: Agreement, Consideration, Contractual Capacity, and Lawful Object (Cheeseman, 2006).
The first element of a legally binding contract is agreement. Agreement deals with a clear understanding on all parties involved as to what the offer is and the resulting acceptance. This is called mutual assent (Cheeseman, 2006).
The second element covers consideration. Consideration is a benefit or right, something of legal value, bargained for and agreed upon in exchange for another benefit or right. This could be something as simple as mowing the lawn for $10 per week or something as complicated as building a house. The consideration is money in exchange for a service. Both are of value to all parties involved so qualify as consideration. This supports the fact that both parties entered into the contract willingly and mutually agree (Consideration, 2006).
The third element involves contractual capacity. Capacity involves whether the parties are able by law to enter into a contract. Minors, mentally impaired people, and intoxicated people are not legally able to enter into a contract. This is due to the incapacity of the person or persons involved to completely understand the terms. It is therefore not legal and no contract exists. If a party enters into a contract against their will, this is called duress and is not legal (Cheeseman, 2006).
The fourth element of a valid contract is lawful object. Every part of the contract must be lawful. If any part of it is unlawful, the contract is void and unenforceable. For instance, if one party offers another party a certain sum of money to buy alcohol for a minor, since it is unlawful to do so, the contract is void and unenforceable. Another thing is if the money offered has been secured by illegal means, this too voids the...

Find Another Essay On Advertisements are not Legal Agreements


1595 words - 7 pages permanent residence state, and by different international agreements. Let’s review Russian laws, governing legal capacity of foreign citizens and stateless persons. Foreigners and stateless persons enjoy legal capacity equally with Russian citizens. This principle is fixed by law but there are some exceptions. These exceptions are fixed by many Russian laws and refer to the fact that foreigners and stateless persons are not entitled to hold certain

Necessity of Pre-nuptial Agreements within Australia

1233 words - 5 pages Necessity of Pre-nuptial Agreements within Australia Legislation recognising pre-nuptial agreements has been well overdue and this recognition will significantly improve the social and economic impact of divorce. Pre-nuptial agreements, however controversial, are nothing more than a commonsense idea which not only eases the burden that the financial division of divorce has of the courts, but makes the whole divorce proceedings

Should Surrogate Motherhood be Allowed?

906 words - 4 pages agreements are enforceable and the genetic parents are given all legal parental rights to the child. In Virginia, all legal parental rights to the child are given to the surrogate mother. Who is the legal mother? In the case of Johnson v. Calvert, in Virginia, the surrogate mother was found to be the legal mother of the child. If this case would have taken place in California, the biological mother is the legal mother. So it really depends on

Advertising in our society

637 words - 3 pages $3 billion in 1920. As advertising began to grow advertisements were not just limited to newspapers and a limit range of magazines, the companies began to start designing copy and artwork placing advertisements in places that most likely attract the buyer’s attention. Since the 1920s advertising has grown massively, and the current advertising expenditures are eighty times then in that decade. New media- radio, television, and the internet

Measuring the Effect of Regional and Preferential Trade Agreements on Multilateral Trading Systems

3758 words - 15 pages in more effective. Understanding Trade Agreements Regional Trade Agreements (RTAs) are the formed as by a group of countries in order to reduce barriers of trade between the member countries. In contrast to its name, these groups are formed between countries around the world, not necessarily belonging to the same geographical region. There are a number of RTAs around the world that have changed the very nature of the trade between the countries

Signha Beer: Boon Rawd Brewery. Thai Beer Industry with Five-forces and SWOT Analysis, TOWS Matrix, Perceptual Map, Positioning

1030 words - 4 pages PAGE PAGE 6 1. Problem/Key IssueHow can Boon Rawd Brewery maintain its competitiveness in Thailand's alcoholic beverages market as the legal enforcement of total ban regulations on alcoholic drink advertisements become effective?Porter's Five Forces Analysis of Beer Industry in Thailand (as Consolidated Industry)Threat of new entrants - LowEntry barriers (i.e. huge capital investments in breweries) are high resulting in low threat of new

Procurement and Contracting

974 words - 4 pages offer and acceptance, consideration of down payment, capability to perform work and confirmation of legal purposes. Mutual agreements of offer and acceptance can be found in many realms of the Oil and Gas industry in particular agreements are found in the developmental stages of same interest areas. These areas are common place for many oil and gas companies and are sometimes owned by both companies. General there is a contract agreement put in

Run Away Slave Search

913 words - 4 pages some comprehension of how these slaves were not fairly treated. Evidence of lower quality clothing, as well as scars and injuries from dangerous working conditions and savage discipline are predominating. Some advertisements indicated that slaves with certain skills left to find better jobs since it was a sparse labor market. Clearly, these advertisements were used to ultimately have their property returned to them, since human labor was a

Parody advertisements

1041 words - 4 pages In society parody advertisement is commonly used to draw attention to common issues in society that are normally overlooked. The first type of parody advertisements were caricatures. In history caricatures were used to prove a point in politics. Today most parody advertisements express views on alcohol, drugs, and other common issues that people struggle with to “fit-in” with society. A few examples of parody advertisements are Absolute on Ice

Regional Trade Agreements vs. Global Trade Liberalization

1250 words - 5 pages Regional Trade Agreements vs. Global Trade Liberalization There is much debate concerning regional trade agreements and global trade liberalization. Pros and cons can be found for each trade policy. After looking at several arguments for and against regional trade agreements, it seems that overall regional trade agreements are more beneficial when compared to global trade liberalization. A regional trade agreement is “where member nations

Legal Aspects of Fire Protection Final Research Paper

1422 words - 6 pages policies and procedures that will responsibly protect the jurisdiction, fire department, community, and its members from legal consequences of violating laws and regulations. Mutual aid agreements are one of many legal issues a fire department may encounter during the course of business. “For many years, these agreements were informal, and often were not in writing” (Varone, 2012, p. 346). The written mutual aid agreement defines objectives such

Similar Essays

Should Advertisements Promoting The Utilization Of Drugs Be Banned?

1191 words - 5 pages allowing society control of what advertisements are shown. Some people argue alcohol, and drug advertising does not affect the younger audiences. These advertisements remain legal now, but it is necessary to prohibit them to protect younger audiences from exposure to such inappropriate material. Children aged between six and seventeen years of age were asked their opinion about alcohol and cigarette advertisements. About eighty percent of children

Should Certain Advertisements Be Banned? Essay

1095 words - 5 pages allowing society to be in control of what advertisements are shown. Some people may argue alcohol, and drug advertisements do not affect the younger audiences. These advertisements are legal now, but they should be banned to protect younger audiences from exposure to such things. Children aged between six and seventeen years of age were interviewed and asked the question whether advertisements showing the use of cigarettes should be banned. About

Terms Of Disservice: A Critique Of Terms Of Service Agreements

1228 words - 5 pages else? Indeed, most people just want to get on with what they were doing instead of reading the TOS. Passive implementations of TOS agreements are not urging users to read the text. The language of TOS agreements may also discourage users from reading them. Unsurprisingly, TOS agreements, as legal documents, are often laden with legalese. In a study that analyzed 30 different TOS agreements, there were many common legal terms: “We saw the

Effects Of Alcohol Advertisements On Youth

633 words - 3 pages “Two teens dead and another hospitalized after a single car crash and police say that drinking and driving was the cause,” the news reporter continued. “Fifteen is no age to die!” Will exclaimed. “Fifteen is no age to drink and drive either,” added Oskar. “What persuades these ‘little doves’ to drink?” Susan asked. “I would blame the alcohol advertisements for that,” answered Oskar. “Hahaha....are you out of your mind? How can advertisements