Tuesday, March 26, 2013

Harris v. Time, Inc. case brief

Harris v. Time, Inc. case brief summary

A little boy gets letter on the mail – through the clear box – it offers a free calculator
watch by opening the envelope.
-A Mother and her 3 year old son opens envelope – and it says you
can only get the watch by subscribing to Fortune Magazine.
-They sue Time for breach of contract.

ISSUE: Whether the promise to give a calculator watch given adequate consideration to
support the promise.

HOLDING: That technically, consideration was given however, the court enforces the de minimus

“de minimis non curat lex” รจ “the law disregards trifles.”
The legal right was violated – that there was technically a contract, but that there wasn’t enough of a detriment.

It is basic modern contract law that any bargained-for act or forbearance will
constitute adequate consideration for a unilateral contract.

Courts confuse adequate and sufficient. They confuse with failure of
performance – breach of contract.
-We should only have sufficient and adequate because the only real relevant legal terms are that of (1) failure of performance and (2) breach of contract

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