Did Scott and Pepsi give consideration, (4) any likely defenses Pepsi might raise, and (5) the likelihood of success of a lawsuit against Pepsi.

Watch Short Pepsi Commercials: https://youtu.be/ZdackF2H7Qc
https://youtu.be/Ln0VSA9UJ-wInspired by the commercials above, Scott Turner set out to obtain a Harrier Jet. Scott explains that he is “typical of the `Pepsi Generation’ … he is young, has an adventurous spirit, and the notion of obtaining a Harrier Jet appealed to him enormously.”Although Scott initially set out to collect 7,000,000 Pepsi Points by consuming Pepsi products, it soon became clear to him that he “would not be able to buy (let alone drink) enough Pepsi to collect the necessary Pepsi Points fast enough.” Reevaluating his strategy, Scott “focused for the first time on the packaging materials in the Pepsi Stuff promotion,” and realized that buying Pepsi Points would be a more promising option. Through acquaintances (pre-GoFundMe), Scott ultimately raised about $700,000.On or about March 27, 1996, Scott submitted a Pepsi Points Order Form, fifteen original Pepsi Points, and a check for $700,008.50. At the bottom of the Order Form, Scott wrote in “1 Harrier Jet” in the “Item” column and “7,000,000” in the “Total Points” column. In a letter accompanying his submission, Scott stated that the check was to purchase additional Pepsi Points “expressly for obtaining a new Harrier jet as advertised in your Pepsi Stuff commercial.”Pepsi rejected Scott’s submission and returned the check. Pepsi explained that: The item that you have requested is not part of the Pepsi Stuff collection. It is not included in the catalogue or on the order form, and only catalogue merchandise can be redeemed under this program. The Harrier jet in the Pepsi commercial is fanciful and is simply included to create a humorous and entertaining ad. We apologize for any misunderstanding or confusion that you may have experienced and are enclosing some free product coupons for your use.Scotts lawyer responded to Pepsi by writing: Your letter is totally unacceptable. We have reviewed the video tape of the Pepsi Stuff commercial … and it clearly offers the new Harrier jet for 7,000,000 Pepsi Points. Our client followed your rules explicitly….This is a formal demand that you honor your commitment and make immediate arrangements to transfer the new Harrier jet to our client. If we do not receive transfer instructions within ten (10) business days of the date of this letter you will leave us no choice but to file an appropriate action against Pepsi…. Pepsi refused to honor the letter. Scott’s first lawyer dies under mysterious circumstances.It is early 1997 and you are a new associate at Prucka & Associates and you are invited to sit with the Managing Partner as she meets with Scott about this case. After the meeting, the Managing Partner asks you to write her a memo explaining (1) whether the commercial constitutes an offer, (2) did Scott accept the offer, (3) The body of the memo should be a minimum of 350 words and a maximum of 750 words. You should complete the assignment in a word processing program. Paper should be double-spaced, with 1-inch margins all around. Please use Times New Roman, size 13. Include word count at the bottom of your memo. If you cite to one or more sources use MLA format.

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