Harris v. Time, Inc.
California Court of Appeal, First District, Division 5
191 Cal. App. 3d 449 (1987)
Three-year-old Joshua Gnaizda received a mailer from Time, Inc. (defendant) promising a free calculator watch "just for opening [the] envelope." Once opened, the mailer revealed that receiving the watch actually required subscribing to Fortune magazine. After Time refused to provide the watch, Joshua's father, along with Mark Harris and Richard Baker (plaintiffs), filed a class action for breach of contract, unfair advertising, and fraud, seeking $15 million in punitive damages. The trial court granted Time summary judgment, calling the claims de minimis.
Whether an advertisement can constitute a unilateral offer when it calls for a specific act, like opening an envelope, without further communication or negotiation.