Note: ads as offers?

In Kearney v. Equilon, the question was whether the ad was an offer, and this is a common subset of disputes. Recall that in Leonard v. Pepsico the court addressed this same question.

Do the courts treat ads differently than other (potential) offers? What test do the courts apply in these cases?

Both Kearney and Leonard cite an older case, Lefkowitz v. Great Minneapolis Surplus Store, which is excerpted below. Based on these materials, can you identify what makes an ad an offer? How would you advise the defendants in these cases to revise their advertising?

This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.