Case 6.3 Leonard v. PepsiCo, Inc., 210 F.3d 88 (2d Cir. 2000)
The cases are assigned based on what team you are in so that cases are distributed evenly. Each student will treat this as an individual assignment (you do not need to meet with your team). Your response should be well rounded and analytical and should not just provide a conclusion or an opinion without explaining the reason for the choice.
The assignment should be submitted as a PowerPoint and should include the following slides (some questions may take more than 1 slide):
• Parties [Identify the plaintiff and the defendant]
• Facts [Summarize only those facts critical to the outcome of the case]
• Procedure [What was the outcome in the lower court(s)? Who brought the appeal?]
• Issue [Note the central question or questions on which the case turns]
• Explain the applicable law(s). Do some research on the laws cited in the case.
• Holding [How did the court resolve the issue(s)? Who won?]
• Reasoning [Explain the logic that supported the court’s decision]
• Legal Research [Report something you have discovered about the case, parties, or other important elements from your own research]
• Conclusion [Summarize the key aspects of the decision and your recommendations on the court’s ruling]
• References [Use APA style for your citations and references]

Sample solution

Dante Alighieri played a critical role in the literature world through his poem Divine Comedy that was written in the 14th century. The poem contains Inferno, Purgatorio, and Paradiso. The Inferno is a description of the nine circles of torment that are found on the earth. It depicts the realms of the people that have gone against the spiritual values and who, instead, have chosen bestial appetite, violence, or fraud and malice. The nine circles of hell are limbo, lust, gluttony, greed and wrath. Others are heresy, violence, fraud, and treachery. The purpose of this paper is to examine the Dante’s Inferno in the perspective of its portrayal of God’s image and the justification of hell. 

In this epic poem, God is portrayed as a super being guilty of multiple weaknesses including being egotistic, unjust, and hypocritical. Dante, in this poem, depicts God as being more human than divine by challenging God’s omnipotence. Additionally, the manner in which Dante describes Hell is in full contradiction to the morals of God as written in the Bible. When god arranges Hell to flatter Himself, He commits egotism, a sin that is common among human beings (Cheney, 2016). The weakness is depicted in Limbo and on the Gate of Hell where, for instance, God sends those who do not worship Him to Hell. This implies that failure to worship Him is a sin.

God is also depicted as lacking justice in His actions thus removing the godly image. The injustice is portrayed by the manner in which the sodomites and opportunists are treated. The opportunists are subjected to banner chasing in their lives after death followed by being stung by insects and maggots. They are known to having done neither good nor bad during their lifetimes and, therefore, justice could have demanded that they be granted a neutral punishment having lived a neutral life. The sodomites are also punished unfairly by God when Brunetto Lattini is condemned to hell despite being a good leader (Babor, T. F., McGovern, T., & Robaina, K. (2017). While he commited sodomy, God chooses to ignore all the other good deeds that Brunetto did.

Finally, God is also portrayed as being hypocritical in His actions, a sin that further diminishes His godliness and makes Him more human. A case in point is when God condemns the sin of egotism and goes ahead to commit it repeatedly. Proverbs 29:23 states that “arrogance will bring your downfall, but if you are humble, you will be respected.” When Slattery condemns Dante’s human state as being weak, doubtful, and limited, he is proving God’s hypocrisy because He is also human (Verdicchio, 2015). The actions of God in Hell as portrayed by Dante are inconsistent with the Biblical literature. Both Dante and God are prone to making mistakes, something common among human beings thus making God more human.

To wrap it up, Dante portrays God is more human since He commits the same sins that humans commit: egotism, hypocrisy, and injustice. Hell is justified as being a destination for victims of the mistakes committed by God. The Hell is presented as being a totally different place as compared to what is written about it in the Bible. As a result, reading through the text gives an image of God who is prone to the very mistakes common to humans thus ripping Him off His lofty status of divine and, instead, making Him a mere human. Whether or not Dante did it intentionally is subject to debate but one thing is clear in the poem: the misconstrued notion of God is revealed to future generations.

 

References

Babor, T. F., McGovern, T., & Robaina, K. (2017). Dante’s inferno: Seven deadly sins in scientific publishing and how to avoid them. Addiction Science: A Guide for the Perplexed, 267.

Cheney, L. D. G. (2016). Illustrations for Dante’s Inferno: A Comparative Study of Sandro Botticelli, Giovanni Stradano, and Federico Zuccaro. Cultural and Religious Studies4(8), 487.

Verdicchio, M. (2015). Irony and Desire in Dante’s” Inferno” 27. Italica, 285-297.

Sample Answer

Sample Answer

 

Title: Analyzing Leonard v. PepsiCo, Inc.

Parties

– Plaintiff: John Leonard
– Defendant: PepsiCo, Inc.

Facts

– Leonard received a letter stating he had won a Harrier Jet from Pepsi’s “Pepsi Points” promotion.
– The jet was listed in the promotional material for 7 million Pepsi Points.
– Leonard accumulated 15 points and attempted to claim the jet.
– Pepsi claimed the jet was a joke and refused to deliver it.

Procedure

– Lower Court Outcome: Ruled in favor of PepsiCo, dismissing Leonard’s claim.
– Appeal: Leonard brought the appeal to the Second Circuit Court of Appeals.

Issue

– The central question: Whether the advertisement for the Harrier Jet constituted an offer under contract law.

Applicable Law

– Contract Law: Offer, acceptance, consideration, and intention to create legal relations are essential elements of a contract.
– Advertisement Law: Advertisements are generally considered invitations to treat rather than offers.

Holding

– The court ruled in favor of PepsiCo, stating that the advertisement for the Harrier Jet was not a valid offer but an obvious joke, and thus Leonard was not entitled to the jet.

Reasoning

– The court based its decision on the fact that no reasonable person would interpret the advertisement as a serious offer due to the absurdity of offering a military jet for Pepsi Points.
– The commercial context and tone of the promotion suggested it was a humorous and exaggerated marketing campaign.

Legal Research

– Additional research reveals that this case sparked discussions on the distinction between advertisements as offers or invitations to treat in contract law.

Conclusion

– In conclusion, the court rightly decided that the advertisement did not constitute a valid offer, and PepsiCo was not obligated to provide Leonard with the Harrier Jet.
– It serves as a reminder for companies to be cautious with their marketing campaigns to avoid potential legal disputes.

References

– Leonard v. PepsiCo, Inc., 210 F.3d 88 (2d Cir. 2000)
– Relevant Contract Law and Advertisement Law sources according to APA style guidelines.

 

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