Binding contracts?

In what can only be described as a tremendously misguided offer (if you don’t believe it, watch this), the Dr. Pepper Company has offered a free can of Dr. Pepper to everyone in America if Guns-N-Roses puts out their album that has been in the works since I was in college. 

Jeff, are you on the class action if (a) the album comes out and (b) Dr. Pepper renigs?

And also, can you think of anything more horrible than drinking a Dr. Pepper and listening to a new Guns-N-Roses album?  Perhaps DIET Dr. Pepper and Soulja Boy??


6 Responses to Binding contracts?

  1. nobamakoolaid says:

    Come on, LB – are you saying you were the one teenage girl of that era that did NOT have a poster of Axle tatooed on your bedroom wall? Be honest, now…your mother is watching.

  2. laurabethnielsen says:

    It was all about Adam Ant baby — Hush up now Mom, they don’t need all the details.

  3. lbsmom says:

    Oh yes, I remember going to an Adam Ant concert with LB & a friend, both of whom wore feathers in their hair. No more, I promise, LB.

    My complaint is your derogatory comment about Dr. Pepper, the quicker picker upper, my drink of choice in an earlier life.

  4. jeffaregularworkinglawyer says:

    The elements of contract, if I recall, are offer, acceptance, and consideration. There has been an offer to GNR — if you release the goddamn album this year, everyone gets pop — and of course consideration need not go to the promisee — consideration to an intended third party beneficiary (in this case, everybody in the U.S. except Slash and Buckethead) can also support a contract.

    The problem is that GNR has not accepted the offer. Mr. Rose has not said, “OK, in order to make sure that everyone in America, except Slash and Buckethead, gets a free can of your product, GNR will release the album in 2008.”

    Dr. Pepper apparently did not give GNR a deadline for accepting its offer. In the absence of a deadline, the law is usually that the offer stays open for a reasonable time. What’s a reasonable time under these circumstances?

    What if GNR does release Chinese Democracy in 2008? (Would it be followed by Jumbo Shrimp and Military Intelligence?) An offer can be accepted by performance, but Dr. Pepper could claim that its offer expired before GNR performed. But the more I think about it, it may be that it would be reasonable to conclude that Dr. Pepper’s offer remained open until the end of the year, unless expressly withdrawn. I mean, it’s not like they’re gonna make the same promise to another band if GNR says sorry, not interested.

    So, what if Dr. Pepper reneges? (LB, please note correct spelling, and ask yourself whether this otherwise useful word has or should become un-PC because of confusion regarding its origin and meaning of the type that may be reflected in your misspelling?)
    Why in God’s name would it? The publicity hit it would take, vs. the publicity value of performing, would be enormous. Here’s what they’d do: “We are thrilled that we were able to convince GNR to issue its masterpiece, Chinese Democracy. We are the greatest patron of the arts since the Medicis. We can’t actually mail a can of soda to everyone in America, and some of you might not really want one anyway, so here’s what we’re gonna do. Go to our website this week (only), and download a coupon good for one free 12 ounce can of regular Dr. Pepper (not diet, which wasn’t part of the deal, ladies). The coupons expire at the end of the week. Enjoy your fizzy, sugary, oddly-flavored drink on us! This offer is void if you are either Slash or Buckethead.”

    How many coupons get downloaded? And how many stoners who download one actually get off the couch and over to the 7-11 to cash it in? Not too many, I’d bet. The publicity would be well worth the cost. And any one who complained would get laughed out of court.

  5. laurabethnielsen says:

    Wow — that was some thorough analysis. Remember people, it is fizzy prune juice (or is that Mr. Pibb?) RENEGES — check! I wish to God this thing had spell check.

  6. jeffaregularworkinglawyer says:

    Thanks — the opportunity to write “This offer is void if you are either Slash or Buckethead” made it all worthwhile.

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